KUALA LUMPUR, Nov 24 — The transfer of blogger Raja Petra Kamarudin’s criminal defamation trial from the magistrate’s court to the Sessions Court is “illegal”, his defence lawyer Manjeet Singh Dhillon argued today.
Manjeet raised a preliminary objection at the Sessions Court this morning against the transfer of the trial from the magistrate’s court.
The prosecution had filed to transfer the trial on Aug 15 on grounds that it “involved public importance”.
Magistrate Nazran Mohd Sham had authorised the transfer on the same day.
Manjeet claimed that the transfer was "illegal, void and contrary to the provisions of Section 177 of the Criminal Procedure Code" and that it exposed the accused to a potentially harsher penalty "in breach of the equality provisions of Article 8(1) of the Federal Constitution".
He wants the judge to order that the case be sent back to the magistrate's court to be tried there.
But if the judge decides to carry on with the trial, Manjeet wants a stay of the criminal defamation proceedings until after the completion of the ongoing murder trial of Mongolian model Altantuya Shaariibuu at the Shah Alam High Court.
Manjeet told the court that he was applying to subpoena the two accused in the murder trial, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, to appear as witnesses for the defence in Raja Petra's trial.
He explained that their testimonies may cause subjudice in the trial.
The prosecution, led by deputy public prosecutor Anselm Charles Fernandis, requested for an adjournment in order to prepare their rebuttal to Manjeet's objections.
Justice Mohammad Sekeri Mamat postponed the trial, which started today, to tomorrow morning.
Raja Petra, a minor Selangor royal, was first charged at the magistrate's court here on July 17 with three counts of criminal defamation under Section 500 of the Penal Code.
He is alleged to have defamed Datin Seri Rosmah Mansor, wife of the Deputy Prime Minister, in his statutory declaration made on June 18 at the KL High Court, implicating her in the murder of Altantuya.
The 58-year-old is accused of similarly making libellous statements against Kol Nurhayati Hassan and her husband Acting Kol Abdul Aziz Buyong.
If convicted, he faces a sentence of up to two years’ jail and an undetermined amount in fines.
While the magistrate's court can set the amount to a maximum of RM10,000, the maximum fine that can be imposed in the Sessions Court is RM1 million.
The usually buoyant Raja Petra appeared in court today rather more subdued than prior to his detention in the Kamunting Detention Centre under the Internal Security Act. He was dressed sombrely in a dark brown short-sleeved shirt over charcoal trousers and brown leather shoes.
He had been arrested on Sept 12 and was released by order of the Shah Alam High Court on Nov 8.
Asked to comment on the current trial, he merely smiled and said: "Speak to my lawyers."
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