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Uthayakumar fails to recuse trial judge, again

 | June 8, 2012

Sessions Court judge Ahmad Zamzani Mohd Zain says that application for his recusal has no merits.

PETALING JAYA: Lawyer P Uthayakumar failed to recuse KL Sessions Court judge Ahmad Zamzani Mohd Zain from hearing his sedition trial.

Speaking to FMT after the trial, Uthayakumar’s co-counsel M Manoharan who made the application yesterday said Ahmad did not provide grounds for denying the recusal application.

“The judge only said that there are no merits for the application and ordered for the sedition trial to continue,” said Manoharan .

This is not the first time the trial judge refused to recuse. In 2009, Uthayakumar also failed to get Sessions Court judge Sabariah Othman to recuse herself from the case.

This case was first heard in 2009 after the police charged him under Section 4(1)(c) of the Sedition Act which carries a maximum RM5,000 fine or three years jail, or both, on conviction.

Uthayakumar claimed trial after posting a letter that was deemed as having seditious tendency dated Nov 15, 2007.

The letter that was addressed to former British Prime Minister Gordon Brown described clashes that turned into racial tension in Kampung Medan, Petaling Jaya as ‘ethnic killing’.

The prosecution team is led by deputy public prosecutor Noorin Badawi and PG Cyril.

Noorin yesterday applied to the court for more time so that she can make submissions on why the court should restrict Uthayakumar from counter questioning prosecution witness.

“We would like to make submissions to the court based on Sections 138 and 152 of the Evidence Act and prolix cross examination,” said Noorin.

Section 138 refers to order of examination and direction of re-examination on witnesses. Section 152 states that the court shall forbid any questions that appears to be insulting or annoying and needlessly offensive in form.

Prolix cross examination refers to tedious, prolonged, excessively lengthy and and too long questioning which is deemed unnecessary.

This sedition trial will now continue on July 18, 19 and 24.


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