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12 Crim. L.F. 1 (2001)

handle is hein.journals/crimlfm12 and id is 1 raw text is: GAIL DAVIDSON, TAMI FRIESEN and MICHAEL JACKSON*

LAWYERS AND THE RULE OF LAW ON TRIAL: SEDITION
PROSECUTIONS IN MALAYSIA
On January 14, 2000, Karpal Singh, prominent human rights lawyer,
Deputy Chairman of the opposition Democratic Action Party (DAP) and
former opposition Member of Parliament, was arrested on a charge under
Malaysia's Sedition Act 1948. The sedition charge against Karpal Singh is
based on words alleged to have been spoken by Karpal Singh in court while
conducting the defence of his client, Anwar Ibrahim, former Minister of
Finance and Deputy Prime Minister of Malaysia. This article examines the
validity of the charge against Karpal Singh and of the Sedition Act.
I. THE POLITICAL BACKGROUND
Karpal Singh, in addition to having been a prominent government critic
for over twenty-five years and previously arrested and imprisoned without
charge for over a year,2 is the lead defence counsel for Anwar Ibrahim.
On September 2, 1998 Prime Minister Mahathir fired Ibrahim from his
positions as Deputy Prime Minister and Minister of Finance. Two days
later, Malaysian newspapers carried banner headlines announcing that
Anwar Ibrahim had been implicated in sodomy. The former Deputy Prime
Minister was then arrested on September 20, 1998 and charged with
* Gail Davidson, LL.B (University of B.C. 1978), member of the Law Society of British
Columbia; Tami Friesen, LL.B (Dalhousie University, 1996), member of the Law Societies
of British Colombia and Ontario; Michael Jackson, Q.C., LL.B (King's College, 1964;
LLM Yale Law School, 1966), member of the Law Society of British Columbia, Professor
of Law, University of British Columbia. The authors are founding members of Lawyers'
Rights Watch Canada, a committee of lawyers providing support to lawyers imperiled
because of their advocacy.
1 Karpal Singh was a DAP Member of Parliament from the State of Penang from 1978
to November 1999, and was a State Assemblyman for the State of Kedah from 1974 to 1978.
2 Karpal Singh was arrested during 'Operation Lalang' in October 1987 under the
Internal Security Act and imprisoned until January 1989. He was released on a habeas
corpus application in March 1988, but was arrested hours later. As a result of the 1987
arrest, Karpal Singh was designated as a prisoner of conscience by Amnesty International.
LA Criminal Law Forum 12: 1-23, 2001.
O    © 2001 Kluwer Academic Publishers. Printed in the Netherlands.

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