Court restores late Karpal’s status as MP

PUTRAJAYA: The appeals court has allowed the late lawyer and Bukit Gelugor MP Karpal Singh’s appeal on his RM4,000 fine over his conviction for sedition. He had questioned the late Perak Sultan, Sultan Azlan Shah on the appointment of the Menteri Besar in 2009.

The Court’s decision means that Karpal’s widow, Gurmeet Kaur, can enjoy his pension benefits.

“The appeal on sentence is allowed. The fine is reduced to RM1,800,” said Justice Mohtarudin Baki.

Upon hearing the decision to set aside the RM4,000 fine, Gurmit was seen weeping at the public bench.

However, the same court dismissed the late Karpal’s appeal on his conviction. Justice Mohtarudin Baki, along with Justice Kamardin Hashim, ruled in a majority judgment that the conviction was safe.

“The accused crossed the line when he gave his comments about the Sultan removing former Menteri Besar Nizar Jamaluddin,” said Justice Mohtarudin. “It was not denied that he was a member of parliament and a lawyer.”

“He was giving his comments. However, it’s not worthy to make such comments about a Ruler.”

He added that the statements by Karpal were very “disrespectful”.

The majority judgment found that the defence for Karpal did not fall under Section 3(2) of the Sedition Act.

Dissenting judge Justice Tengku Maimun Tuan Mat found that the defence fell under Section 3(2). “The accused wanted to show the Ruler was wrong,” she said.

Karpal was charged with sedition for saying the removal of Mohammad Nizar Jamaluddin by the Sultan, and the appointment of Zambry Abdul Kadir as the new Menteri Besar, could be questioned in court.

On 21 February 2014, the then DAP Chairman was found guilty of sedition for questioning the Sultan of Perak removing former Menteri Besar Nizar Jamaluddin during the 2009 Perak Menteri Besar crisis.

On March 11, he was fined RM4,000.

Karpal passed away in a road accident on 17 April 2014.

An appeal was filed on August 21 last year, naming Karpal’s wife, Gurmeet, as the appellant.

Lawyer and Puchong MP Gobind Singh, Karpal’s son, said the family welcomed the decision by the court. “He was not disqualified as a member of parliament,” he said.

Gobind disclosed that he wants to study both judgments before deciding whether to bring up the matter in the Federal Court.