GUA MUSANG: The defence team of former Prime Minister Tan Sri Muhyiddin Yassin, who is facing charges of making seditious remarks during the recent Nenggiri state by-election campaign, has submitted an application to shift the case from the Sessions Court in Gua Musang to the Kota Bharu High Court. Lawyer Amer Hamzah Arshad announced the filing of the application on November 1.
According to BERNAMA News Agency, one of the key reasons for requesting the transfer to the High Court involves questioning whether Sections 3 and 4 of the Sedition Act are in conflict with Article 10 of the Federal Constitution, as these sections could potentially limit and infringe upon the freedom of speech and the rights of Malaysians to share personal experiences, present facts, and voice opinions. Additionally, the case will explore the role of the Yang di-Pertuan Agong under the Federal Constitution and the procedures involved in appointing the Prime Minister.
Amer Hamzah Arshad disclosed that they have received a copy of the
application and anticipate the hearing to be scheduled in November or early December. This information was shared with reporters following the case’s mention in the Sessions Court earlier today.
The court proceedings, which lasted approximately 15 minutes, were presided over by Judge Nik Mohd Tarmizie Nik Mohd Shukri, who set January 15, 2025, as the date for the next mention of the case. During the same session, Judge Nik Mohd Tarmizie granted Muhyiddin an exemption from attending the next hearing due to logistical challenges.
The prosecution team, led by Azlina Rasdi, comprised five deputy public prosecutors, while Muhyiddin was defended by a group of six lawyers headed by Amer Hamzah. Muhyiddin, on August 27, pleaded not guilty to making the alleged seditious remarks in an open area near Dewan Semai Bakti Felda Perasu between 10.30 pm and 11.50 pm on August 14.
The allegations pertain to Muhyiddin’s claim of not being invited by the Yang di-Pertuan Agong to swear in as Prime Minister after the 15th Gene
ral Election, despite allegedly securing the support of 115 out of 222 Members of Parliament at that time. The charge was filed under Section 4(1)(b) of the Sedition Act 1948, which stipulates a fine not exceeding RM5,000 or imprisonment for up to three years, or both, if convicted.