Lawyer P. Uthayakumar was sentenced to two years six months prison for writing a seditious letter addressed to former British Prime Minister Gordon Brown. Sessions Court Judge Ahmad Zamzani Mohd Zain ruled that Hindu Rights Action Force (Hindraf) founder Uthayakumar had failed to raise reasonable doubt.
He found Uthayakumar guilty of the charge, adding that his actions under the Seditious Act 1948 were a serious offense.
“Would you like to say anything in mitigation, though you have so far taken the stand not to submit, in protest,” the judge asked Uthayakumar before handing out the sentence.
Uthayakumar had earlier refused to submit his defence, claiming that it was in protest to how Indians in Malaysia were being treated.
“I am unable to proceed with my defence, re-examination, calling of furtherwitnesses, closing submission and mitigation,” Uthayakumar said.
Uthayakumar, 50, remained stoic when read his sentence and chose not to apply for a stay of execution. He was sent to Kajang Prison.
M. Manoharan who had represented Uthayakumar, earlier in the trial, said he had not received any instruction to apply for an appeal.
The former Internal Security Act detainee, was charged on Dec 11, 2007, with publishing a seditious letter on the Police Watch Malaysia' website, dated Nov 15, 2007, addressed to then-prime minister of Britain, Gordon Brown.
He made the declaratory application (to declare the Sedition Act unconstitutional), in a bid to have the charge against him under the Act tobe revoked and the prosecution in the proceedings in the Sessions Court be struck out.
Deputy Public Prosecutor Noorin Badaruddin urged the court to impose a jail sentence against Uthayakumar, saying that a fine was insufficient for the offence committed.
She said it was clear that Uthayakumar had made baseless allegations against the Government and this could affect country's peace and security.
“His statement has gone beyond legitimate criticism and into sedition. His actions could damage the unity of the country.
“The words used by Uthayakumar such as mini genocide' and ethnic cleansing' at an international level gives the impression that grave crimes and racial oppression were committed,” she added.
Three witnesses were called by the prosecution while the defence had only called one witness who was the accused in the trial which began in 2009.
*Article first appeared on http://thestar.com.my/news/story.asp?file=%2F2013%2F6%2F5%2Fnation%2F201...