UPDATED
By Asrul Hadi Abdullah Sani
KUALA LUMPUR, Aug 12 — Utusan Malaysia reporter Mohd Nizam Mohd Yatim told the High Court today that he thought the phrase “ultra vires” contained in a press release issued by Karpal Singh meant the DAP man was insulting the Perak Sultan.
Mohd Nizam, the prosecution’s first witness in Karpal’s sedition trial, was subjected to a rigorous cross-examination by defence counsel Jagdeep Singh Deo, and appeared rattled by the lawyer’s questions.
At one point the Utusan Malaysia reporter did not appear to even know what Karpal Singh was being charged with.
The reporter was also unable to show a clear understanding of the barrage of questions by Jagdeep on the four-page press statement distributed by Karpal during a press conference on Feb 6 this year.
Based on a report written by him and published by the newspaper, Mohd Nizam had been put on the witness stand by the prosecution to show that Karpal had committed sedition.
By questioning him over his understanding of what transpired during Karpal's press conference, the defence was attempting to prove he was an unreliable witness.
The DAP chairman and Bukit Gelugor MP was charged with sedition on March 17 for saying Datuk Seri Nizar Jamaluddin's removal as Perak mentri besar by Sultan Azlan Shah could be questioned in a court of law.
The veteran lawyer-politician was charged in the Sessions Court in KL before judge Mohamad Sekeri Mamat under Section 4(1)(b) of the Sedition Act 1948.
Karpal is further accused of several other seditious statements related to the entire Perak constitutional crisis which began two months ago.
He is accused of committing the crime during a press conference at his law firm here on February 6.
Mohd Nizam was questioned earlier by the deputy public prosecutor Azlina Rasdi.
Azlina had asked Mohd Nizam to tell the court who was at the press conference as well as where it was held, before requesting the reporter read the press release provided.
She also asked him to summarize the contents to the court.
Mohd Nizam: “If the Sultan still wants to pick Zambry as mentri besar then Pakatan Rakyat government has no choice but to take legal action.”
He added that after the press conference there was a question and answer session. He told the court that a reporter asked Karpal if he would be suing the sultan.
“Karpal said yes,” Nizam said in his testimony which was later challenged by the defence.
During cross-examination, Jagdeep had asked the 38-year-old reporter: “Do you agree that his (Karpal) view on the constitution is sought after?”
Mohd Nizam: “I am not sure.”
Jagdeep: “Do you agree that he (Karpal) is known as a smart laywer?”
Mohd Nizam: “I am not sure.”
Jagdeep: “If you still do not know after eight years working then you should start doing your work properly.”
Jagdeep then proceeded to ask him if he understood the press release since it was in English.
Mohd Nizam: “I only understand it in general and not thoroughly.”
Jagdeep then asked the reporter if he agreed that what was said in the press conference was only an opinion of the constitutional crisis in Perak.
“I only report and do not give opinion,” Mohd Nizam replied.
The answer appeared to irritate Jagdeep who accused Mohd Nizam of being insincere.
Jagdeep then told Mohd Nizam to read part of the press release to the court.
Mohd Nizam: “Although the orders have been confirmed by the Sultan. If the decision is ultra vires then the decision can be adjudicated by the court.”
Jagdeep then asked Nizam to explain what ultra vires means to the court.
Nizam looking confused and replied: “To insult.”
Jagdeep then told Mohd Nizam that his misunderstanding of the word had caused chaos in the country because the word actually means “beyond the powers”.
Mohd Nizam was then asked what questions were thrown at Karpal during the press conference.
Nizam explained that reporters wanted to clarify if Karpal meant that he was going to bring the Sultan to court.
“So do you agree that Karpal did not say that he will sue?” Jagdeep asked.
“Agree,” Nizam replied.
After the cross-examination, the defence team requested Judicial Commissioner Azman Abdullah for the witness’s cross-examination to be adjourned until it could question another witness on the transcript of the press conference.
Azman then asked the prosecution to call its next witness.
But the prosecution could not bring its next witness, an RTM reporter, because he had failed to show up and could not be contacted.
The trial was then adjourned to tomorrow afternoon.

written by solcroft, August 12, 2009
written by AsukaX, August 12, 2009
written by conspiracy theorist, August 12, 2009
1 - utusan are stupid press, they dont even understand the content of their own report
2 - they are hell bent in persecuting others who do not support umno even though they dont even understand what is what, just sue first & their cohorts, the police and court will take care of the rest
how pathetic
written by mh, August 12, 2009
written by PM, August 12, 2009
written by foodforthought, August 12, 2009
They need it to protect their 'intelligence' from being insulted.
written by Shawn, August 12, 2009
Go back to school and study lah! Memalukan!
written by madfive, August 12, 2009
written by wow, August 12, 2009
LOL.
written by pat ling, August 12, 2009
written by 2525, August 12, 2009
written by Mirage, August 12, 2009
Shame on Utusan for misleading everyone and painting false picture on the accused and wasting Rakyat’s money and time on the trial. I suggest Karpal Singh sue this guy and Utusan for false and misleading information. Isn't this seditious ??
I suggest Utusan better send their reporter for English lessons else more misinterpretation are bound to happen. And with the Utusan racist charateristics, "more" shrewd and racial reporting are expected.
By the way, luckily, the RTM reporter was slightly smarter than Nizam for not attending the court hearing today. Perhaps this person already knew about the screw ups.
Gosh ! What an "insult" to the legal system !
written by localgrad, August 12, 2009
written by Dr. M, August 12, 2009
written by jtan, August 12, 2009
written by dissapointed, August 12, 2009
The Utusan reporter reported incorrectly, Karpal yang kena saman.
That's the quality of Utusan reporter of understanding English in Bahasa. Rais Yatim must be proud of this Utusan reporter being able to understand only in Bahasa, and half-past six in cakapan orang putih.
written by anak malaysia, August 12, 2009
Never mind- Most important "Malaysia Boleh!"
written by Kim Wong, August 12, 2009
of us are going downhill. If you still cannot see what's happening in this country then your are called
stupid fool. As for me, i prefer to be called intelligent.
written by Kamar, August 12, 2009
written by Utusan Terputus, August 12, 2009
Peguam bela dijangkiti virus baru bernama ultra dari Selsema Babi !.
Translation: Defendant's lawyer infected with "ultra virus" from H1NI flu!
Don't blame Utusan reporter, they don't understand English so they only report base on their own assumptions.
written by apa ini, August 12, 2009
written by change28, August 12, 2009
written by rej, August 12, 2009
written by Aylwin Chin, August 12, 2009
written by 2525, August 12, 2009
written by randomthoughts, August 12, 2009
written by Matureman07, August 12, 2009
If I were the judge, all of them pay for the cost of this case and make a public apology at their cost. If one does not understand the meaning of ultra vires, it is acceptable. But if one report or making charges without knowing the meaning, this is a case of carelessness. They could have checked the meaning with dictionaries or with those who knows. In the case of the reporter, before reporting. In the case of the reporter boss, before he approve for printing. In the case of the prosecutor, before he gets the court to charge Karpal Singh for sedition.
Shame to all of them for causing so much inconvenience and embarassment to the country.
written by 2525, August 12, 2009
It's not about how bad his English is. Ultra vires to common folks is quite rare. The main problem is how lazy is the UmNo Cronies at doing research first BEFORE publishing. Just like how they did not engage their brain first BEFORE they open their mouth. No WONDER PKFZ is down the drain.
written by wkc, August 12, 2009
written by Indit, August 12, 2009
written by Johan Malaysia, August 12, 2009
Ini lah corak fikiran dan logik seperti hang yang memalukan. Kalaulah tak faham sesuatu isu atau sesuatu bahasa, janganlah buat laporan ke atasnya. Siapa paksa wartawan itu untuk buat laporan yang dia sendiri tidak benar-benar faham? Mungkin orang kuat atasan yang paksa dia buat laporan tidak benar lagi bodoh seperti itu.
Tetapi dalam kes ini, saya fikir, Penguam Negara (AG) lah lagi bodoh. Ini langsung bukan kes yang boleh dibawah ke mahkamah, tetapi mereka masih mahu buat demikian. Kalau nak dakwa sesiapa dalam kes ini, Utusan Malaysia dan wartawan itu lah yang perlu didakwa. Utusan buat laporan yang tidak telitikan fakta dan buat pernyataan-pernyataan yang hasil daripada imaginasi sendiri, dan berniat untuk menaikan perasaan benci atau marah Melayu kepada seseorang atau kaum lain. Ini namanya HASUTAN.
Sepatutnya bukan Karpal yang perlu didakwa, tetapi Utusan lah perlu didakwa. Ini jelas betapa berat sebelah dan berniat jahat yang ditunjukkan oleh Penguam Negara.
Orang Melayu seperti AG, sebahagian mereka dalam Utusan/Berita Harian, pemimpin-pemimpin UMNO lah yang memalukan Melayu sendiri, dan yang menjatuhkan martabat Melayu!!!!
written by daniel chang, August 12, 2009
Main Entry: ul·tra vi·res
Pronunciation: '&l-tr&-'vI-"rEz, 'ul-trä-'vE-"rAs
Function: adv or adj
Etymology: Latin, beyond the power or means (of)
: beyond the scope or in excess of legal power or authority (as of a corporation) ultra vires> ultra vires>
I am not an expert...my dictionary.com sure can do a bit of work.
written by Kev, August 12, 2009
Mangkok ayun.
written by novice101, August 12, 2009
written by 1Malaysia, August 12, 2009
your statement "What wrong not knowing what Ultra Vires meaning? If he never insult Sultan, why government want to sue him?
It's not that he started the insult. "
This show how little you know before you wrote your statement. Another Umno by product?
written by Loh Yeow Boo, August 12, 2009
written by ygbenor, August 12, 2009
written by focussed08, August 12, 2009
Sue Utusan to the max for malaciously printing such misrepresentations without caring or bothering about the truth and accuracy or impact of such publications thereby resulting in this fiasco, causing serious damage to the public standing and reputation of Karpal, a prominent and leading lawyer.
Sue them until they learn to have the decency and credibility to know and accept responsibility for what they print in their publications.
written by It's OK, August 12, 2009
written by Alex, August 12, 2009
This made me laugh so hard, even my parents are wondering what the hell is wrong with me.
It confirms that Utusan are dungus and a bunch of cow brains. A simple check on the dictionary (IF THEY KNOW WHAT THAT IS) will save their own faces from total shame.
But this wouldn't be reported in any of the main stream papers.... we must send via blogs and emails to show Malaysians that Utusan cannot be trusted!!!
written by blissfulday, August 12, 2009
Now that PPSMI gonna be scrapped, the exposure of our future generation towards English will be much rarer. How are these future graduates gonna compete with the rest of the world, I wonder.
written by mervyn Lai, August 12, 2009
However, as a reporter, and Utusan as a publication, this must be humiliating for them.
Many lulz.
written by wira, August 12, 2009
Karpal Singh should use this to sue the Utusan for loss of reputation as a result of journalistic negligence.
What is happening to the AG office?
Prosecution on high profile cases that does not stick.
Frivolous prosecution that looks more like harassment than anything else.
The AG office ought to be reformed.
written by longjaafar, August 12, 2009
written by Editor in Chief, August 12, 2009
The Editor in Chief of UTUSAN is hidding behind a curtain of POWER that Be...pretty sure that news article was edited!!! before rolling out in the streets.
written by james, August 12, 2009
written by Jason, August 12, 2009
written by Eskay, August 12, 2009
This is what they mean by "handling out 2 knives to the 2 opponents in a dispute.
Such shameful creatures.
written by Lim Goh Tong, August 12, 2009
written by Ak Sarawak, August 12, 2009
I shudder to think that our universities are "churning out" trash and I believe the Utusan reporter is not impartial which is NOT ONLY UNPROFESSIONAL BUT ALSO AGAINST ETHICAL CONDUCT!!
written by jijot ni, August 12, 2009
inilah dia yang dipanggil sungguh kemaluan
written by Rat Bat Blue, August 12, 2009
written by newbie, August 12, 2009
If Ultraman had many wifes - we call her Ultra Vires. :P
written by manolito, August 12, 2009
written by oracle, August 12, 2009
This reporter definitely have a bright future.......just like MM and KT as MB's.
written by vincent, August 12, 2009
The Malaysian Legal System is " you are dead meat once I drag you to court!"
written by monkeybeer, August 12, 2009
p/s james, you are rite, lucky he did not say "ultraman's powers" LOL LOL LOL
written by Robert, August 12, 2009
I am not reading Utusan anymore.
written by chan, August 12, 2009
strain of super virus call "Ultra Vires".
written by Ehoe, August 12, 2009
If he had thought that ultra vi-res means "a new virus from Ultraman" we would have a panic in our country and a new headache for our Ministry Of Health.
written by yoon, August 12, 2009
written by johnback, August 12, 2009
written by amoker, August 13, 2009
I am laughing at the presecutor actually. Its main witness is moron and the 2nd witness from RTM is missing. Not the missing like PI Bala, but prob chicken out or ponteng. How unreliable.
written by A.Law, August 13, 2009
written by Samuel Goh Kim Eng , August 13, 2009
Even at this particular time and age
We still have to 'Mind Our Language'
For what was thought to be 'sedition'
Could actually have been 'seduction'
(C) Samuel Goh Kim Eng - 130809
http://MotivationInMotion.blogspot.com
Thur. 13th Aug. 2009.
written by flam, August 13, 2009
ultra vires tu lebih kurang - di luar, melebihi kuasa yang ada pada seseorang.
apabila dia bertindak melebihi kuasa yg ada padanya, dari segi undang-undang tak sahlah.
lawannya intra vires - dalam kuasanya.
kalau mat saleh kata
ultra v - beyond the legal power, authority.
intra v - with in the legal power.
burung nak pesan, rajin-rajin nengok kamus. belah dulu.
written by hopeless, August 13, 2009
The point is our Peguam Negara take this case .
There are so many cases he should take action but still keep quiet . Do not blame the Rakyat distance away from BN , really , even the small kids will understand what are
happening in our country
This is our Malaysia Government problemsssssssss .
We can have stupid reporters , no brain newspapers , but , if we have a good government , how can this thing happen .
Memalukan Malaysia !!
Sokong ? Support ? Please press +
written by anak melaka sejati, August 13, 2009
written by HJ Angus, August 13, 2009
written by M.Miaw, August 13, 2009
written by Ultra Vires, August 13, 2009
What a damn bloody stupid 38 years old experienced Utusan Malaysia reporter. How can a reporter did not know the meaning of " ultra vires " and simply made report based on his own self made dictionary.
A secondary student knows the meaning of ultra vires, how come a senior reporter who has many years of working experience does not know. This shows that this Utusan Malaysia reporter is not fit to be a reporter, he is good in instigation. Just wonder which university produced this type " excellent "graduate.
written by It's OK, August 13, 2009
If you experience symptoms of toyo el-cheapo-syndrome or khairy cockfoid farts, Contact Dr. Semi Weloo, Dept. of Contagious Disease, GH, Tj. Rambutan immediately.
Proloned exposure to this "ultra virus" may lead to moronic behaviours and idiotic response to simple questions.
Warning issued by: Dept. of Semua OK, Ministry of Health, Bolehland.
written by ray, August 13, 2009
http://www.utusan.com.my/utusan/info.asp?y=2009&dt=0813&pub=Utusan_Malaysia&sec=Mahkamah&pg=ma_05.htm
written by DT, August 13, 2009
written by Joel C, August 13, 2009
written by ultra bodoh!, August 14, 2009
But is it a surprise? Some of us don't even know the difference between beer, wine, liqueur, cocktails and liquor!
What has happened to English Literature? Non-existence the last 20 years???
written by hurricanemax, August 17, 2009
HAHHAHAHAHAA. malu big time!
hMx-going-gaga!




