Tian Chua’s application dismissed

(NST) – The Sessions Court here yesterday dismissed an application by PKR vice-president Tian Chua to refer constitutional questions regarding his sedition case to the High Court.

Tian Chua’s sedition charge is over a statement he allegedly made in March last year about the Lahad Datu intrusion.

Judge Norsharidah Awang, in delivering her verdict, said the charge was constitutional and the Sedition Act 1948 was still important to ensure public safety and order.

She said the accused’s application was in reference to a different act and could not be compared with Seri Setia assemblyman Nik Nazmi Nik Ahmad’s case, in which the Court of Appeal had struck down Section 9(5) of the Peaceful Assembly Act 2012 for going against freedom of speech and expression guaranteed under Article 10 of the Federal Constitution.

Norsharidah said according to a higher court ruling, the Sedition Act was still relevant.

“In PP vs Mat Shuhaimi Shafiei, the Federal Court ruled that the Sedition Act was constitutional and the constitutionality of the charge could not be challenged.

“Thus, I am bound by the ruling.”

Counsel Michelle Yesudas appeared for Tian Chua and deputy public prosecutor Yusaini Amer Abdul Karim appeared for the prosecution.