High Court upholds P. Uthayakumar's jail sentence

The High Court here upheld the jail sentence of two years and six months imposed on lawyer P.Uthayakumar by the Sessions Court for writing a letter of a seditious nature to former British prime minister Gordon Brown seven years ago.

Justice Datuk Mohd Azman Husin said that after scrutinising the record of appeal, he found that the lower court had come to a correct and accurate decision against the appellant.

Uthayakumar, who is serving his sentence at the Kajang Prison since June last year, had sought the court's permission to meet his family members before being taken back to prison.

Justice Mohd Azman allowed the request made by Uthayakumar who appeared cheerful throughout the court proceedings on Tuesday.

Uthayakumar, who was represented by counsel M. Manoharan, told reporters that he would make an appeal at the Court of Appeal as soon he received the written judgement on today's decision from the court.

Uthayakumar, was charged with writing a letter of a seditious nature which was addressed to Gordon Brown, who was then Britain's prime minister, at 10 Downing Street, London, United Kingdom.

He was charged with committing the offence at Jalan Toman 7, Kemayan Square, Seremban, Negeri Sembilan on November 15, 2007 under Section 4(1)(a) of the Sedition Act 1948.

Deputy Public Prosecutor Noorin Badaruddin appeared for the prosecution.

Meanwhile, at the same court, Mohd Azman rejected the application by Parti Keadilan Rakyat (PKR) vice-president Tian Chua and two other opposition activists to strike out the charge concerning an offence for giving a speech of a seditious nature at a ceramah (talk) on May 13, last year.

Mohd Azman rejected the application made by Tian Chua, Adam Adli Abd Halim and Hishamuddin Md Rais as the application was premature and lacked merit.

"The court finds that the facts of the case were the same as the application filed by Tian Chua at the Court of Appeal concerning the issue on Lahad Datu.

"As such, the court finds that the application is premature and has no merit at this stage. The application submitted by the applicant is rejected and returned to the Sessions Court," he said.

Tian Chua or his real name Chua Tian Chang, 51, Adam Adli, 25, and Hishamuddin, 62, are alleged to have given a speech at a ceramah by using seditious words to incite the people in the country to change the government which had been formed according to the law, in an unlawful manner.

They are alleged to have committed the offence at the Kuala Lumpur and Selangor Chinese Assembly Hall at No. 1 Jalan Maharajalela, Dang Wangi here between 8.55pm and 11.15pm on May 13, last year.

The three accused are being charged under Section 4(1)(b) of the Sedition Act 1948 (Act 15) and punishable under Section 4(1) of the same act which carries a maximum fine of RM5,000 or a jail term of up to five years, upon conviction.

Deputy Public Prosecutor Azlina Rasdi appeared for the prosecution while all the three accused were represented by counsels Lathefa Koya and N.Surendran.

Meanwhile Tian Chua, who was met outside the court, said that he would file an appeal on the decision within this week.