KUALA LUMPUR: The prosecution contends that the sedition case involving former prime minister Tan Sri Muhyiddin Yassin does not involve complex or extraordinary questions of law.
In an affidavit responding to Muhyiddin’s application to refer legal questions related to the Sedition Act 1948 to the Federal Court, the prosecution, as the respondent, stated that various legal issues concerning provisions of the Federal Constitution and the Act have already been decided by higher courts.
DPP Datuk Razali Che Ani, in the affidavit, said the issue raised regarding a speech or discussion allegedly falling under Clause 43(2)(a) of the Constitution, read together with Sections 3(2) and 3(3) of the Sedition Act 1948, is a matter of defence.
"This issue can be raised by Muhyiddin during the trial and should be decided by the presiding judge after all the respondent’s witnesses (prosecution) have testified,” he said in the affidavit.
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Razali further stated that the issue is academic as the trial has not yet started, and no evidence has been presented for the court’s consideration.
He said the prosecution and evidence process for offences under the Act are conducted in accordance with the country’s criminal law principles and comply with the Constitution.
"It is not in the interest of justice to refer this case to the Federal Court. Therefore, I request that the applicant’s (Muhyiddin’s) notice of motion be dismissed,” he said.
During case management proceedings on Wednesday (June 4), High Court judge Justice Datuk Muhammad Jamil Hussin set Aug 28 for the hearing of Muhyiddin’s application to refer legal questions related to the Sedition Act 1948 to the Federal Court.
Muhyiddin’s lawyer Joshua Tay and DPP Razali attended.
On April 4, Muhyiddin, 77, filed an application to refer a question of law regarding the Sedition Act 1948 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 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 the 15th General Election, despite allegedly having the support of 115 out of 222 MPs 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
