KUALA LUMPUR: An application by Seputeh MP Teresa Kok (pic) to have her sedition case transferred to the High Court has been dismissed by the court.
Kok was charged with publishing a seditious video titled “Teresa Kok ‘Onederful’ Malaysia CNY 2014” on YouTube.
Justice Kamardin Hashim made the order on the grounds that the Sessions Court was competent to hear the constitutionality of the charge raised by Kok in this case.
He also said the prosecution has the power to initiate the case at the Sessions Court under Article 145 of the Federal Constitution.
“If the trial starts at the Sessions Court, the decision can be appealed at the High Court and Court of Appeal as both courts are competent to decide on the constitutionality raised,” he said.
Deputy Public Prosecutor Lailawati Ali and Kok’s counsel Sankara Nair later proceeded to the Sessions Court to inform Judge Norsharidah Awang on the new development.
Sankara also informed the court that he would file an appeal at the Court of Appeal. He later asked for the next mention date pending appeal.
Judge Norsharidah then set Oct 2 as the next mention date.
Kok was produced in the Sessions Court on May 6 2014 to have the charge for publishing the video read to her.
The alleged offences occurred an apartment in Jalan Bangsar, here at 9am, on Feb 1.
If convicted, Kok risks losing her seat, as an MP is disqualified if she is sentenced to imprisonment for a term not less than one year, or fined not less than RM2,000.
Kokâ€™s 11-minute video, which was uploaded on Jan 27, depicts the DAP leader as the host of a feng shui programme interviewing three panellists regarding Chinese New Year and their predictions.
The panellists in the video are alleged to have made fun of a variety of issues such as the Malaysian education system and last yearâ€™s Lahad Datu intrusion as well as top leaders.