DAP chairman Karpal Singh was fined RM4,000 by the High Court here Tuesday on a sedition charge of questioning the Sultan of Perak's action to remove Datuk Seri Mohammad Nizar Jamaluddin as the menteri besar of Perak in 2009.
With the judgement, Karpal, 73, could be disqualified as member of parliament for Bukit Gelugor should the Court of Appeal and Federal Court uphold today's decision.
Aticle 48(1)(e) of the Federal Constitution states that an MP would be disqualified if he or she is sentenced to a jail term of more than a year or imposed a fine of more than RM2,000.
Justice Datuk Azman Abdullah said the court took into consideration Karpal's medical condition (wheel-chair bound) as a special mitigation factor in not imposing the custodial sentence sought by prosecuting officer Noorin Badaruddin.
Karpal's lead counsel Gobind Singh Deo told reporters later that he would be filing a notice of appeal today.
Karpal was charged with having said at his legal firm in Jalan Pudu Lama on Feb 6, 2009, that the removal of Mohammad Nizar and the appointment of Datuk Seri Dr Zambry Abdul Kadir as the new menteri besar by the sultan could be questioned in court.
The charge, under Section 4(1)(b) of the Sedition Act 1948, provides for a maximum jail term of three years and a fine of RM5,000, or both, upon conviction.
The High Court had on June 11, 2010, acquitted and discharge Karpal Singh without calling for his defence but following an appeal by the prosecution, the Court of Appeal on Jan 20, 2012, ordered the Bukit Gelugor MP to make his defence.
Members of Karpal Singh's family, foreign observers and top opposition (Pakatan Rakyat) leaders were present in court today to lend support to the veteran DAP leader.
Karpal Singh noted that he was not only facing the likelihood of losing his MP's post, but also the DAP chairman's post.
Commenting on the court's decision, Karpal said as far he was concerned he was doing his duty as an elected representative.
"Our duty as MP has its own risk. MPs should not be afraid to speak up or otherwise not deserve to be MPs and state assemblymen," he said.
Bernama
Tue Mar 11 2014
DAP chairman Karpal Singh. --File Photo
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