Sessions Court can hear Teresa Kok’s sedition case, prosecution argues

  • Nation
  • Tuesday, 09 Jun 2015

KUALA LUMPUR: The Sessions Court is competent to hear sedition cases, said the prosecution in arguing for Seputih MP Teresa Kok's trial to be heard there.

Kok was applying to have her sedition trial over a controversial Chinese New Year video, transferred to the High Court.

Deputy public prosecutor Lailawati Ali submitted that there was nothing to show Kok would be deprived of a fair trial should the matter be heard by the Sessions Court.

Lailawati said interpretation of laws was not the exclusive jurisdiction of the High Court, adding that most sedition cases were heard before the Sessions Court.

Kok's lawyer, Sankara Nair, replied that he did not question the competency of the Sessions Court, only that the High Court would be a "fairer vehicle" to conduct the original trial.

He said by doing so, the matter could go all the way to the Federal Court rather than be capped at the Court of Appeal.

Under Section 87 of the Courts of Judicature Act, a case can only be heard at the Federal Court if it originates from the High Court.

Justice Kamardin fixed June 25 to decide on the matter.

On May 6 last year, Kok claimed trial to publishing an allegedly seditious video titled "Teresa Kok 'Onederful' Malaysia CNY 2014" on YouTube.

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 were alleged to have made fun of a variety of issues such as the Malaysian education system and the Lahad Datu intrusion in 2013, as well as top leaders.

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.

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Court and crime , Teresa Kok , sedition


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