Karpal withdraws appeal regarding subpoena of witnesses

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PUTRAJAYA: Lawyer Karpal Singh has withdrawn his appeal against a high court’s dismissal of his application to subpoena three witnesses, including former prime minister Tun Dr Mahathir Mohamad, to testify in his sedition trial.

He also withdrew his appeal against the refusal of the high court to grant his application to strike out the sedition charge against him.

A three-member Court of Appeal panel led by Justice Datuk Azahar Mohamed struck out the appeals after lawyer Gobind Singh Deo, representing Karpal, informed the panel on the withdrawal of the appeals.

Datuk Rohana Yusuf and Datuk Hamid Sultan Abu Backer were the other two judges presiding on the panel with Azahar.

Deputy Public Prosecutor Noorin Badaruddin did not object to the move.

On Aug 30, last year, the High Court in Kuala Lumpur dismissed Karpal’s application to subpoena Dr Mahathir, former attorney-general Tan Sri Abu Talib Othman and current Attorney-General Tan Sri Abdul Gani Patail to appear as witnesses in his sedition trial.

On the same day, the same high court had also dismissed Karpal’s application to have his charge struck out.

It had, however, allowed his application to subpoena Judicial Commissioner Datuk Kamaluddin Md Said, who was formerly the Attorney-General Chambers’ appellate and trial division head, to appear as witness in the trial.

Karpal, 73, is facing a charge of allegedly uttering seditious words against the Sultan of Perak at his legal firm in Jalan Pudu Lama, Kuala Lumpur between noon and 12.30pm on Feb 6, 2009.

The veteran lawyer was alleged to have said that the Sultan’s removal of Mohamad Nizar Jamaluddin as menteri besar of Perak could be questioned in a court of law.

The charge under section 4(1)(b) of the Sedition Act carries a maximum RM5,000 fine or three years jail, or both, if convicted.

On June 11, 2010, the high court acquitted Karpal, without calling for his defence but the decision was reversed by the Court of Appeal on Jan 20, last year.

His trial is scheduled for continued hearing on Wednesday and Thursday. — Bernama