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Muhyiddin’s bid to refer questions on Sedition Act to be heard before another judge

KUALA LUMPUR: Former Prime Minister Tan Sri Muhyiddin Yassin’s application to refer legal questions relating to the Sedition Act 1948 to the Federal Court will be heard before another judge.

The decision was made after High Court Judge Datuk Azhar Abdul Hamid allowed the application of defence lawyer Amer Hamzah Arshad for the legal questions to be heard before Criminal High Court 4 Judge Datuk Muhammad Jamil Hussin.

Amer Hamzah, who represented Muhyiddin, in his submissions said that the legal questions arose following the sedition case faced by his client.

“The sedition case is the main case and has been set for trial at the Criminal High Court 4. Documents relating to the case have also been submitted to the court.

“We have made an application to refer legal questions relating to the sedition case, and it has been registered before the Honourable Judge Azhar. Hence, we request that the application be heard before the Honourable Judge Datuk Muhammad Jamil since the main case is being tried before that judge,” said Amer Hamzah.

Deputy public prosecutor Abdul Malik Ayob did not object.

On April 4, Muhyiddin, 77, filed an application to refer a question of law regarding the Sedition Act 1948 to the Federal Court to challenge the validity of certain provisions in the act.

He had previously pleaded not guilty to a charge of making seditious remarks while campaigning in conjunction with the Nenggiri state by-election at the Dewan Semai Bakti Felda Perasu, between 10.30 pm and 11.50 pm on Aug 14, 2024.

The alleged seditious remarks concerned his claim that he was not invited by the Yang di-Pertuan Agong to be sworn in as Prime Minister following the 15th General Election, despite allegedly having the support of 115 out of 222 Members of Parliament at that time.

He is charged under Section 4(1)(b) of the Sedition Act 1948, which is punishable under Subsection 4(1) of the same Act with a maximum fine of RM5,000 or a maximum imprisonment of three years, or both, if convicted.

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