KUALA LUMPUR, Dec 15, 2015:
Universiti Malaya law lecturer Prof Dr Azmi Sharom has filed an application to the High Court to move his case under the Sedition Act 1948 to be heard there.
His counsel Gobind Singh Deo informed Sessions Court judge Amernudin Ahmad of the application when Azmi’s case came up for mention this morning.
“The application to transfer the case to be tried in the High Court was done in accordance with Section 417 of the Criminal Procedure Code (CPC),” he said.
Gobind made reference to Section 417 (a), (b) and (c) of CPC, in which among others, High Court’s power to transfer cases is allowed when some questions of law of unusual difficulty are likely to arise.
Gobind said his application was filed in the High Court as the statutory jurisdiction might limit the power in the lower courts pertaining to Azmi’s charge.
“If the case is tried in High Court , then the final appeal can be brought to the Federal Court,” he said.
He later requested for a postponement of Azmi’s trial, which is scheduled to begin today.
Amernudin will decide tomorrow morning if the case can be transferred to the High Court.
Prosecution was led by DPP Suhaimi Ibrahim and Wan Shaharuddin Wan Ladin.
The pony-tailed law lecturer was charged in September last year under Section 4 (1) (c) of the Sedition Act 1948 for allegedly making seditious comments about the Perak Constitution crisis in an online article titled “Take Perak crisis route for speedy end to Selangor impasse, Pakatan told”.
However, on Oct 6, a five-member panel ruled that Sedition Act is valid and, therefore, Azmi has to stand trial for his charge under Section 4(1)(b).
Chief Justice Tun Arifin Zakaria, who sat together with Tan Sri Md Raus Sharif, Justice Zulkefli Ahmad Makinuddin, Tan Sri Abdul Hamid Embong and Tan Sri Suriyadi Halim Omar, said that Section 4 (1) did not run counter to Article 10 (2) of the Federal Constitution.