Muhyiddin's bid to refer questions on Sedition Act to be heard before another judge

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KUALA LUMPUR: Former prime minister Tan Sri Muhyiddin Yassin's application to refer legal questions relating to the Sedition Act 1948 to the Federal Court will be heard before another judge.

The decision was made on Tuesday (May 13) after High Court judge Justice Datuk Azhar Abdul Hamid allowed the application of defence lawyer Amer Hamzah Arshad for the legal questions to be heard before Criminal High Court 4 Judge Datuk Muhammad Jamil Hussin.

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Amer Hamzah, representing Muhyiddin, said in his submissions the legal questions arose following the sedition case faced by his client.

"The sedition case ... has been set for trial at the Criminal High Court 4. Documents relating to the case have also been submitted to the court.

"We have made an application to refer legal questions relating to the sedition case, and it has been registered before the Honourable Justice Azhar. 

"Hence, we request that the application be heard before the Honourable Justice Datuk Muhammad Jamil since the main case is being tried before that judge,” Amer Hamzah said.

Deputy public prosecutor Abdul Malik Ayob did not object.

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On April 4, Muhyiddin, 77, filed an application to refer a question of law regarding the Act to the Federal Court to challenge the validity of certain provisions.

He had previously pleaded not guilty to a charge of making seditious remarks while campaigning in conjunction with the Nenggiri state by-election at the Dewan Semai Bakti Felda Perasu, between 10.30pm and 11.50pm on Aug 14 last year.

The alleged seditious remarks concerned his claim that he was not invited by the Yang di-Pertuan Agong to be sworn in as prime minister following GE15 despite allegedly having the support of 115 out of 222 Members of Parliament at that time.

He is charged under Section 4(1)(b) of the Sedition Act 1948, punishable under Subsection 4(1) of the same Act with a maximum fine of RM5,000 or a maximum imprisonment of three years, or both, if convicted. – Bernama