Court allows amendment to RPK sedition charge

The Shah Alam High Court has allowed the prosecution's application for a review to amend the sedition charge against blogger Raja Petra Kamarudin.

This will see the website address for an article - and its heading, ‘Let's send the Altantuya murderers to hell’ - being added to the charge.

High Court judge Su Geok Yiam said that, looking at the provision of the law concerning changes, alteration and amendment under the Criminal Procedure Code, the court was of the view this would not amount to substitution of the charge.

"The court is of the view the prosecution should be given the leeway to include adequate particulars as to the manner of additions made to the annexure of the charge," said Su.

"The trial is still going on and the court feels it would not prejudice the accused. Furthermore, there is no change in the element of the charge and the alleged publication in question including the place of the said offence."

She further said the prosecution is only providing more details to the charge and this would not create an element of surprise as claimed by the defence. The amended article had been produced to the defence and marked `ID8' during the trial.

"Hence, the court is using its inherent power of revision to allow the prosecution's application as it is within the provision under the Criminal Procedure Code to amend the charge. Furthermore, the defence can recall any of the five witnesses who have testified to answer to the amended charge," said Su.

"The court is also setting aside the ruling made by the Sessions judge in not allowing the amendment."

She had earlier apologised to the prosecution and the defence counsel for the time taken to deliver the ruling, explaining that she had to call for the notes of proceedings from the Petaling Jaya Sessions Court. The documents were only delivered this morning.

The judge had set 2.30pm to deliver her decision today, but it was only made more than two hours later.

Su then ordered the trial to resume on Thursday at the Petaling Jaya Sessions Court with the amended charge in place.

Counsel J Chandra, representing Raja Petra, said the defence would not appeal to the decision as it wants to complete the case as soon as possible.

Defence objections

The prosecution had on Nov 10 failed in its bid to amend the charge when Sessions judge Rozina Ayob allowed the defence objection and the charge would read as it stands.

Raja Petra's counsel Gobind Singh Deo (right) had objected to the prosecution's application last month on two grounds - namely the prosecution could not alter or add anything to the charge, and that it would be prejudicial to his client.

Gobind said the prosecution could not substitute the charge as the application, when allowed, would result in a different article altogether. Furthermore, five witnesses had testified in the case.

DPP Ishak Mohd Yusof, in applying for the review, said Rozina had erred in her decision. Including the two elements was only an alteration provided under Section 158 of the Criminal Procedure Code and not a substitution to the charge, he argued.

Raja Petra, 58, has originally been charged with publishing an allegedly seditious article in Malaysia Today, at his home at No 5, Jalan BRP 5/5 Bukit Rahman Putra, Sungai Buloh on April 25 this year.

The charge under Section 4(1)(c) of the Sedition Act 1948 carries a maximum fine of RM5,000 or three years’ jail or both upon conviction.