PUTRAJAYA, Nov 2 — The Court of Appeal here today dismissed an application by lawyer P. Uthayakumar to have his sedition trial at the Kuala Lumpur Sessions Court stayed on grounds, among others, that judge Sabariah Osman was biased.
Judges Datuk Tengku Baharudin Shah Tengku Mahmud, Datuk Sulong Matjeraie and Datuk T. Selventhiranathan, in a unanimous decision, found no merit in the application.
Uthayakumar’s counsel, M. Manoharan, had argued that Sabariah was biased during the hearing and that being a Sessions Civil Court judge she should not hear a criminal matter.
Manoharan also contended that during the trial on Sept 28, the judge had uttered the words “I will consult someone” before refusing to recuse herself from hearing the case.
Deputy Public Prosecutor Noorin Badaruddin said Uthayakumar had failed to disclose in his affidavit any special circumstances to show why the stay should be granted. She also denied that judge Sabariah had used those words at the hearing.
Uthayakumar, 48, has claimed trial to publishing a seditious letter on a website, an offence which carries a fine of up to RM5,000 or a maximum three years’ jail, or both.
The letter, dated Nov 15, 2007, was from the Hindu-based activist group, Hindraf, addressed to British Prime Minister Gordon Brown at No 10, Downing Street, London.
Uthayakumar’s application to obtain more documents under Section 51A of the Criminal Procedure Code on police investigations into the 1999 Kampung Medan issue will be heard by the Sessions Court on Wednesday. — Bernama
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