Oct 27 for decision in Uthayakumar application to transfer case to High Court

(Bernama) – The High Court here will deliver on Tuesday its decision in the application by Hindraf advisor P Uthayakumar for his sedition case to be tried in the High court.

Justice Datuk Mohamad Zabidin Mohd Diah deferred judgment after hearing submissions from Uthayakumar’s counsel, N Surendran, and deputy public prosecutor Noorin Badarudin.

Surendran submitted that the case should be transferred to the High Court because it involved ethnic cleansing which was a complex, unique and complicated legal issue.

He said that the issue of ethnic cleansing as mentioned in Uthayakumar’s affidavit had never before been decided by any court in the country.

Noorin submitted that the issue was not so complicated and unique that a sessions court judge would not understand and make a decision.

“We have learned sessions court judges who have vast experience in the legal and judicial field. I believe that the phrase ethnic cleansing is not something new that a sessions court judge cannot understand,” she said.

Uthayakumar, 48, has claimed trial in the Sessions Court to posting on a website a letter with seditious tendency, dated Nov 15, 2007, which was addressed to British Prime Minister Gordon Brown at No 10, Downing Street, London.

He is charged under section 4(1)(c) of the Sedition Act which carries a maximum RM5,000 fine or three years jail, or both, on conviction.