No 6B, Jalan Abdullah, Off Jalan Bangsar, 59000, Kuala Lumpur Tel: 03-22825241/03-22825622 Fax:03-22825245
Date : 26/9/2012
Media Statement 26/9/2012
Uthaya to opt for jail even if fined for Sedition.
With the close of the Prosecution case yesterday (25/9/12) at Hindraf de facto leader P. Uthayakumar’s Sedition letter dated 15/11/07 to ex British Prime Minister Gordon trial, up to a three years jail sentence or a fine of up to RM 5,000.00 looms like the sword of damocles over his head.
If convicted even with a mere fine, Uthaya would be disqualified from contesting in the imminent 13th General Elections which we believe is UMNOs’ game plan. As a matter of principle and as he maintains that he had pointed out the truth in the said letter, Uthayakumar would be left with no alternative but to opt to serve the jail sentence even if only a fine is imposed. Be that as it may he is prepared for the worst three (3) years jail sentence.
The prosecution case ended abrubtly when on 24/9/12, Kuala Lumpur Sessions Court Judge Ahmad Zamzani bin Mohd Zain made an order restricting any further Cross examination to 3 hours of DCP Dato Acryl Sani bin Abdullah Sani (51) then Deputy Federal CID Chief (Intellegence and Operations) (cum joint Operations Director of Ops Padam Hindraf) and now Sarawak Chief Police Officer. On a similar note Investigating Officer ASP Redzaime’s Cross Examination was also restricted to a mere one hour and forty- five minutes. The Court had dismissed P. Uthayakumar’s application that this would deprieve him of his right to defend himself especially when he has scores more of Memorandums and documents to Cross Examination on spanning over the 16 years time period of his struggle for the Indian poor which has a direct bearing on the charge.
An appeal on this Sessions Court Order has today been filed at the Kuala Lumpur High Court (Criminal Registry) by P. Uthayakumar’s Solicitors M/s M. Manoharan & Co.
The last Prosecution witness was ex Malaysiakini.com reporter Soon Li Tsin (36) who had on 25/9/12 testified on her interview of P. Uthayakumar dated 5/12/07 at the Malaysiakini studio titled “P. Uthayakumar: I am not racist”. “In an interview with Malaysiakini two days ago, he spoke at great length about his self-proclaimed vendetta against Umno, his Kelantanese heritage and his interpretation of ‘ethnic cleansing’ of Indian Malaysians”. Under Examination in chief Soon Li Tsin testified that she was instructed by her editor to do an (exclusive) interview with Hindraf leader P. Uthayakumar in the aftermath of the 25th November 2007 (watershed) Hindraf Rally which he had led. Under Cross Examination Soon Li Tsin testified that Uthaya had spoken the truth (on the Indian poor problems in Malaysia) as opposed to lies. Under cross examination she does not agree that Uthaya is a racist.
Earlier (on 25/9/12) Investigating Officer ASP Redzaime Abdul Hamid (32) testified that Uthaya was never arrested, investigated or (even) a Section 112 CPC Statement recorded from him (as is the usual procedure) but was straight arrested and prosecuted for Sedition on the same day on 11/12/07. (Note: Two days later on 13/12/07 Uthayakumar was arrested and detained without trial under the ISA for 1 ½ years). Under Cross Examination ASP Redzaime also testified that he did not investigate all the nine (9) allegations Uthayakumar had been prosecuted for as per the Charge Sheet. When suggested that this because the charge was politically motivated, ASP Redzaime denied the same.
Proceedings have been adjourned to 23/10/12 for no case to answer submissions and the reply by Deputy Public Prosecutor Noorin Badaruddin.
With the above we regret that the government is not keeping up to the spirit of the repeal of the Sedition Act as hereinbelow cited.
Information Chief, Hindraf
Note: Govt to Repeal Sedition Act 1948
The Malaysian Prime Minister had on 11/7/2012 announced the repeal of the obsolete colonial era Sedition Act 1948 and which is to be replaced by The National Harmony Act. (The New Straits Times headlines 12/7/2012). Under the proposed National Harmony Act the de facto Federal Law Minister was reported to have said “ The National Harmony Act which will replace the Sedition Act 1948, allows criticism of government and leaders in the effort to guarantee freedom of speech as enshrined in the country’s constitution said Minister in the Prime Minister’s Department Datuk Seri Mohamad Nazri Abdul Aziz”.“He said under the Sedition Act, this was not permitted”.“The Sedition Act has a provision of not allowing the raising of anger against the government, but now we have discarded it”.“Criticisms levelled at the government and leaders are legitimate as freedom of speech is guaranteed under the Constitution”.“We should face the criticisms by the people as this will serve as a check and balance for the government to realize its weaknesses".(New Sunday Times 15/7/12 at page 16)