KUALA LUMPUR: DAP vice-chairman Teresa Kok Suh Sim, who is facing a charge under the Sedition Act over a Chinese New Year video clip at the Sessions Court, today failed in her bid to transfer the case to the High Court.
High Court judge Kamardin Hashim dismissed her application on grounds that the Sessions Court was competent enough to hear the case.
“If the hearing originated in the Sessions Court, (its) decision can still be appealed to the High Court and the Court of Appeal because both the courts are competent to decide on issue of law,” he said.
The prosecution, he said, had the power to initiate prosecution at the Sessions Court under Article 145 of the Federal Constitution and Section 376 of the Criminal Procedure Code.
He also ruled that Kok’s application had no merit.
Meanwhile in the Sessions Court, Judge Norsharidah Awang, after being informed by deputy public prosecutor Lailawati Ali on the High Court’s decision, set Oct 2 to mention Kok’s case.
Kok’s lawyer, S.N.Nair told the court that he received instruction from his client to appeal against the decision at the Court of Appeal.
On May 6 last year, Kok, who is Seputeh Member of Parliament, pleaded not guilty in the Sessions Court to a charge of producing a seditious video, wit the title ‘Teresa Kok ONEderful Malaysia CNY 2014’ in conjunction with the
Chinese New Year celebration in February 2014.
She was charged with committing the offence at a unit of the Putra Ria Apartments in Jalan Bangsar at about 9 am on Feb 1, 2014.
The charge, under Section 4(1)(c) of the Sedition Act, provides for a maximum fine of RM5,000 or a jail term of up to three years, or both, upon conviction -Bernama