The Federal Court in Putrajaya today dismissed Karpal Singh’s appeal against the Court of Appeal’s order to him earlier this year to enter his defence on his criticism of the Sultan of Perak’s role in the silver state’s constitutional crisis.

The apex court has allowed the prosecution’s preliminary objection that the Court of Appeal decision ordering the senior lawyer to enter his defence was not appealable.

NONEThe five-member panel led by Chief Judge of Malaya Justice Zulkefli Ahmad Makinuddin (right) ruled that the Court of Appeal’s judgment does not constitute a decision within the meaning of Section 3 of the Courts of Judicature Act (CJA), which disposes of 72-year-old Karpal’s right to appeal.

“The word decision is applicable before us and the appeal is dismissed.”

Justice Zulkefli also ruled that Article 8(1) on Equality before the Law, which Karpal is arguing for, cannot be read in isolation as it has to be read together with Article 121 and section 87 of the CJA.

Following this, Karpal’s sedition trial, where he has been ordered to enter his defence, will continue on May 30 and 31.

The other judges who sat with Zulkefli are Federal Court judges Hashim Yusoff, Abdull Hamid Embong, Suriyadi Halim Omar and Hasan Lah.

On Jan 20, the Court of Appeal ordered Karpal to enter his defence, with Justice Ahmad Maarop ruling that although Karpal is a respected senior lawyer and an MP, what he said does not constitute freedom of speech as it is not absolute.

Speaking after the decision today, Karpal said he would not file for a review.

However, the senior lawyer has filed a review at the Court of Appeal on the Jan 20 decision, arguing that the panel that made the decision was not rightly empanelled.

This was because Justice Clement Allan Skinner, who sat with Justice Ahmad in the unanimous Jan 20 decision, was said to not understand Bahasa Malaysia.

The judgment of Justice Ahmad, who has recently been promoted to the Federal Court, is in Bahasa Malaysia.

“What was uttered at Karpal’s press conference has raised dissatisfaction or discontent with the ruler of the state. It had affected the esteem of the sultan and had also resulted in a clash of civilisations between the relationship of the people and their ruler.

“The prosecution only has to prove that what is stated has resulted in unrest. There is no necessity to show intention in sedition. The court is satisfied that there is a prima facie case against the accused and he is called to enter his defence,” Justice Ahmad ruled.

Equality before the law

Karpal today submitted that since the prosecution was allowed to appeal to the Federal Court if the decision was not in its favour, he could be allowed to do the same as Article 8(1) states all persons are equal before the law and entitled to the equal protection of the law.

However, DPP Noorin Badaruddin submitted that the equality principle was not absolute as Karpal’s defence had not been disposed of.

Karpal’s sons, Puchong MP Gobind Singh Deo, Ramkarpal Singh and Jagdeep Singh Deo, were on hand to represent their father.

Also present were Karpal’s daughter Sangeet Kaur and lawyers RSN Rayer and Ramesh Sivakumar.

Karpal was acquitted without his defence being called on the sedition charge by the Kuala Lumpur High Court on June 11, 2010.

The DAP chairperson and Bukit Gelugor MP was accused of committing sedition by having said at his Feb 6, 2009, press conference that legal action could be instituted against the Perak sultan for his role in the state constitutional crisis earlier that year.

He was charged under section 4(1) (b) of the Sedition Act 1948, at his office, Tetuan Karpal Singh & Co, on Jalan Pudu Lama, Kuala Lumpur.

The offence carries a maximum fine of RM5,000 or a jail term of three years, or both.