KUALA LUMPUR: Seputeh MP Teresa Kok is applying to transfer her sedition case over a controversial Chinese New Year video to the High Court.
Her counsel Sankara Nair in applying for transfer on Monday, said that by starting the trial at the High Court, the matter could be appealed all the way to the apex court if need be.
Under Section 417 of the Criminal Procedure Code, the High Court has power to transfer cases when some question of law of unusual difficulty is likely to arise.
Sankara told the Sessions Court that the case also involved constitutional issues, which could only be decided on by a superior court.
Judge Norsharidah Awang ordered that a formal application be made and fixed Sept 2 to hear both parties’ submissions.
On May 6, Kok claimed trial to publishing a seditious video titled "Teresa Kok 'Onederful' Malaysia CNY 2014" on YouTube.
The alleged offences occurred an apartment on Jalan Bangsar, here at 9am, on Feb 1.
The charge, under Section 4(1)(b) of the Sedition Act 1948, provides for a jail term of up to three years, or a fine of RM5,000, or both.
If convicted, Kok risks losing her seat, as an MP is disqualified if she is sentenced to imprisonment for a term not less than one year, or fined not less than RM2,000.
Kok’s 11-minute video, which was uploaded on Jan 27, depicts the DAP leader as the host of a feng shui programme interviewing three panellists regarding Chinese New Year and their predictions.
The panellists in the video are alleged to have made fun of a variety of issues such as the Malaysian education system and last year’s Lahad Datu intrusion as well as top leaders.
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