Karpal Singh's family files petition to clear his name in sedition case

The family of the late Karpal Singh on Thursday filed a petition of appeal in abid to clear his name in a sedition case against the Sultan of Perak.

The petition was filed by lawyer Zaleha Al-Hayat, from the legal firm of Messrs Karpal Singh & Co, at the Court of Appeal registry.

One of the grounds stated in the petition was that High Court judge who found Karpal guilty of sedition failed to consider the latter's defence that the ruler's decision could be challenged.

It also stated that the High Court had erred in not properly considering Karpal's defence that the law in the country allowed legal actions to be taken against the ruler.

It said that Karpal, in his defence, cited two case laws which held that the Constitution was supreme and the monarchs were not above the law.

The petition of appeal also gave grounds that the High Court judge had failed to consider that the charge against the former DAP national chairman and Bukit Gelugor MP was defective as it was not clear under which provision of the Sedition Act 1948 that Karpal Singh's statement was seditious.

Among others, the petition also stated that the RM4,000 fine imposed by the High Court on Karpal was excessive.

Last Feb 21, the High Court found Karpal guilty on a sedition charge for questioning the Sultan of Perak's action in removing Datuk Seri Mohammad Nizar Jamaluddin as the menteri besar of Perak in 2009.

He was charged with committing the offence at his legal firm in Jalan Pudu Lama on Feb 6, 2009.

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.

Subsequently on March 11, he was fined RM4,000 by the High Court for the offence, and on March 24, filed a notice to bring the matter up for appeal at the Court of Appeal.

Karpal, 73, who was wheel-chair bound, and his personal assistant, Michael Cornelius, died in an accident along the North-South expressway near Gua Tempurung on April 17.

His family, however, wanted to proceed with the matter to clear his name.

Attorney-General Tan Sri Abdul Gani Patail had withdrew his cross-appeal to enhance the punishment against Karpal.

The Court of Appeal had instructed a substitute to be named for the appeal to continue, and Ramkarpal Singh, Karpal's son, had said that his mother, Gurmit Kaur, would stand in as she was the administrator of Karpal's estate.

The court had set Sept 12 for case management in the appeal.