Friday August 31, 2012
Court rejects Karpal’s bid to subpoena former PM
KUALA LUMPUR: The High Court has rejected an application by Karpal Singh to subpoena former Prime Minister Tun Dr Mahathir Mohamad for the sedition trial of the veteran lawyer.
Justice Azman Abdullah also dismissed Karpal’s application to call former Attorney-General Tan Sri Abu Talib Othman and current Attorney-General Tan Sri Abdul Gani Patail.
“These three witnesses will not be able to give relevant evidence and do not have any involvement in the facts of the charge which the accused is facing,” Justice Azman said in a 25-page written judgment.
However, he allowed Karpal’s application to subpoena Senior Federal Counsel Datuk Kamaludin Md Said.
Karpal had allegedly uttered seditious words against the Sultan of Perak at his legal firm in Jalan Pudu Lama here on Feb 6, 2010.
The prosecution had earlier objected to Karpal calling Kamaludin, saying the federal counsel could not have said to be seditious when he made a statement in court that the Ruler should have been made a defendant in the case.
The judge, however, said Kamaludin’s testimony would be important to determine the reasons behind making such statements.
Karpal had earlier submitted that the testimony of those he wanted to subpoena was essential to prove that the prosecution against him was selective, saying that there had been previous cases where others had allegedly spoken seditious words but had no charges brought against them.
Justice Azman also dismissed Karpal’s application to strike out the charge against him, saying the power of the Public Prosecutor to institute proceedings against anyone as contained in Section 145(3) of the Federal Constitution was intra vires (within the law) and valid.