KUALA LUMPUR: DAP vice-chairman Teresa Kok Suh Sim, who has been charged with sedition over her controversial Chinese New Year video clip at the Sessions Court, is applying to transfer the case to the High Court.
Sessions Court Judge Norsharidah Awang fixed Sept 2 to hear submissions by both parties on the application and ordered lawyer S.N.Nair, representing Kok, to make a formal application over the matter.
Nair told the court, when the case came up for case management today, that his client was applying to transfer the case under Section 417 of Criminal Procedure Code.
He said the application was made on two grounds, that if the case originated at the Sessions Court her client would have her final appeal at the Court of Appeal, but if the case started at the High Court the appeal would end up at the Federal Court.
He further said that the charge also involved constitutional issues which can only be decided on by a superior court.
Following which, Norsharidah vacated the trial date for the case which had been set four days from Sept 2.
On May 6, Kok who is also Seputeh Member of Parliament, pleaded not guilty in the Sessions Court to a charge of sedition over a video clip she was alleged to have published on Feb 1 this year in conjunction with the Chinese New Year.
Kok, 50, was charged with committing the offence at a unit of the Putra Ria Apartments in Jalan Bangsar, Brickfields, at about 9 am on that date.
The charge, under Section 4(1)(c) of the Sedition Act 1948, provides a maximum fine of RM5,000 or a jail term of up to three years, or both, upon conviction.
An elected representative will be disqualified from holding the post if he or she is fined more than RM2,000 or sentenced to a jail term of more than one year for any offence.
Deputy public prosecutor Muhamad Iskandar Ahmad prosecuted.
-- BERNAMA
