AdilanClub: Ruling next week on Karpal’s bid to subpoena Dr M, AG

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KUALA LUMPUR, Aug 24 — The High Court fixed next Thursday to deliver its decision whether to allow lawyer Karpal Singh’s application to the court to issue subpoenas against former prime minister Tun Dr Mahathir Mohammad, former attorney-general Tan Sri Abu Talib Othman and current Attorney-General Tan Sri Abdul Gani Patail, in his application to strike out a sedition charge.

Justice Datuk Azman Abdullah set the date after hearing submissions from Karpal and Deputy Public Prosecutor Noorin Badaruddin.

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Karpal, in his submission, had contended that his application was not abuse of court process and the court should exercise its inherent powers in allowing the application.

Meanwhile, Karpal informed the court that he had already obtained a subpoena against A-G’s Chambers Appellate and Trial Division head Datuk Kamaluddin Md Said on May 15.

He told the court that Kamaluddin was subpoenaed on his statement in court during a judicial review application by former Perak mentri besar Datuk Seri Mohamad Nizar Jamaluddin that Rulers could be named as respondent.

Meanwhile, Noorin said the court should exercise its inherent power properly and not allow itself from being misled by anyone.

“All the witnesses intended to be subpoenaed were not relevant witnesses and could not assist in the defence case.

“The defence should focus more on raising reasonable doubt on the prosecution’s case and the three witnesses sought by the defence were not material witnesses in the charge face by the accused,” submitted Noorin.

She urged the court to dismiss Karpal’s application and set aside the subpoena issued against Kamaluddin.

On June 11, 2010, Karpal Singh was discharged and acquitted by the High Court at the end of the prosecution’s case on a charge of uttering seditious words against the Sultan of Perak at his legal firm in Jalan Pudu Lama, Kuala Lumpur, between noon and 12.30 pm on February 6, 2009.

Karpal, 71, was alleged to have said that the Sultan’s removal of Mohamad Nizar as the Perak mentri besar and Datuk Seri Dr Zambry Abdul Kadir’s appointment to the position could be questioned in a court of law.