Lawyer Amer Hamzah Arshad said that the defence had filed the application on Nov 1.
"One of the reasons for our application to transfer this case to the High Court is the presence of several issues, including whether Sections 3 and 4 of the Sedition Act contradict Article 10 of the Federal Constitution, as these sections may restrict and deny freedom of speech and the rights of Malaysians to share personal stories, state facts, and express opinions.
"This case will also involve the role of the Yang di-Pertuan Agong under the Federal Constitution and the process by which the Prime Minister is appointed.
"The application has been filed, and we have received a copy of it, and we expect the hearing to be scheduled for sometime in November or early December," he told reporters after mention of the case in the Sessions Court here today.
During the proceedings, which lasted about 15 minutes, Judge Nik Mohd Tarmizie Nik Mohd Shukri set Jan 15, 2025, for the next mention of the case.
In the same proceedings, Nik Mohd Tarmizie also granted Muhyiddin an exemption from attending the next mention hearing due to logistical reasons.
The prosecution was conducted by five deputy public prosecutors led by Azlina Rasdi, while Muhyiddin was represented by a team of six lawyers led by Amer Hamzah.
On Aug 27, Muhyiddin pleaded not guilty to uttering the seditious remarks in an open area near Dewan Semai Bakti Felda Perasu here between 10.30 pm and 11.50 pm last Aug 14.
The alleged seditious remark was over his claim of not being invited by the Yang di-Pertuan Agong to take the oath as Prime Minister after the 15th General Election despite getting the support of 115 out of 222 Members of Parliament then.
The charge was framed under Section 4(1)(b) of the Sedition Act 1948 which provides a fine not exceeding RM5,000 or imprisonment for up to three years, or both if found guilty.
-- BERNAMA
