DPP’s final appeal on Adam Adli’s fine sentence for Sedition Act conviction

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22 Feb 2018, jam 9 pagi di Mahkamah Rayuan Putrajaya, kes rayuan Pendakwa Raya keatas Adam Adli akan didengari. Kes ini sudah berlanjutan hampir 5 tahun. Kini ia sudah berada di peringkat terakhir, iaitu Mahkamah Rayuan.

Rakan-rakan dijemput hadir untuk bersolidariti bersama Adam Adli pada 22 Februari 2018.

#MansuhAktaHasutan

Source: Mandeep Singh

 

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Adam Adli’s sedition appeal deferred
Source: FMT News, 7 Nov 2016

Court of Appeal bench assures Adam he will not be prejudiced following a ruling to be delivered in a similar case. Pic taken from FMT News

PUTRAJAYA: The Court of Appeal has deferred the appeal of student activist Adam Adli Abdul Halim who was fined for inciting the public to topple Putrajaya soon after the 13th General Election.

Court of Appeal Judge Mohtarudin Baki told the defence and prosecution to hold on as he was about to deliver a ruling on the same subject, but in another case.

On July 18, Mohtarudin heard Muhammad Safwan Anang’s appeal against the High Court decision last year to uphold his conviction under the Sedition Act 1948.

The prosecution had cross-appealed the RM5,000 fine and wanted Safwan jailed.

Safwan and Adam made the seditious speeches on May 13, 2013, a week after GE13 and after the Barisan Nasional was returned to power in a contentious poll.

In Safwan’s case, Mohtarudin sat with justices Zakaria Sam and Prasad Sandosham Abraham while in today’s matter Justice Abdul Karim Abdul Jalil sat with Mohtarudin and Abraham.

Lawyer Gurdial Singh Nijar, who is appearing for Adam, raised the question whether his client’s appeal would be pre-empted as a result of the ruling in Safwan’s case.

Mohtarudin assured Adam he would not be prejudiced and fixed case management for Dec 6.

Adam was found guilty by the Sessions Court on Sept 19, 2014 and was sentenced to 12 months’ jail.

The High Court, however, while upholding Adam’s conviction in February this year, substituted the jail term with a fine of RM5,000.

 

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Court frees activist Adam Adli from 2015 KitaLawan rally charge

Source: Malay Mail Online

Student activist Adam Adli Abdul Halim joined his first protest when he was 12 years old. — Picture by Choo Choy May.

KUALA LUMPUR, Nov 28 — A magistrates’ court today acquitted activist Adam Adli Abdul Halim of an unlawful street protest charge stemming from a #KitaLawan rally in 2015.

Lawyer Latheefa Koya, who represented Adam Adli today, confirmed that magistrate Ahmad Solihin Abdul Wahid acquitted her client of the charge under the Peaceful Assembly Act.

“He just read out, saying the prosecution had failed to prove prima facie case against the defence,” she told Malay Mail Online when contacted today. Read more

Jingga 13 chairman Fariz Musa freed on charge with participating in street demonstration

Source: The Malay Mail Online

On September 8, 2015, Fariz Musa (second right) had pleaded not guilty to a charge of participating in the the street demonstration which started in front to the Sogo Complex. Pic by The Malay Mail Online

KUALA LUMPUR, Nov 2 ― The Magistrate’s Court here today discharged, but not amounting to an acquittal, Jingga 13 chairman Mohd Fariz Abd Talib @ Musa ,47, on a charge with participating in the  #KitaLawan street demonstration two years ago.

Magistrate Ahmad Solihin Abd Wahid made the decision after he was informed by the prosecution, conducted by deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin, that the Attorney-General’s Chambers (AGC)  allowed the representation by Mohd Fariz, represented by lawyer Eric Paulsen, for a review of the charge against him.

“As such, the prosecution closes its case against Mohd Fariz,” he said.

Later, when met outside the court, Raja Zaizul Faridah said the representation was made because Mohd Fariz had diabetes and one of his legs had been amputated. Read more

Activists’ convictions for rioting and illegal assembly upheld

Source: FMT News Malaysia

High Court says lower court was right in finding 15 people guilty of illegal assembly outside Parliament, during a protest calling for the resignation of the Election Commission chairman, in June 2013. Pic from FMT News.

High Court says lower court was right in finding 15 people guilty of illegal assembly outside Parliament, during a protest calling for the resignation of the Election Commission chairman, in June 2013. Pic from FMT News.

KUALA LUMPUR: Fifteen activists, including Adam Adli and Safwan Anang, lost their appeals at the High Court here today over illegal assembly and rioting convictions related to a gathering held outside Parliament four years ago.

Justice Azman Abdullah held that the Sessions Court was correct in finding them guilty under Section 143 of the Penal Code for being a member of an illegal assembly, as well as Section 147 of the same Act for rioting.

“The Sessions Court was right in ruling the assembly had turned illegal when the rally-goers refused to disperse when ordered by police,” he said in a brief judgment, adding that all of them had insisted on storming the police barricade.

Azman also ruled that the fines of RM2,000 for participating in the illegal assembly, and RM4,000 for rioting were not excessive.

“The lenient fines were imposed because the assembly did not turn violent and no damage was done to public properties,” he said. Read more

Hearing on Adam Adli’s appeal against conviction for sedition resumes today

The hearing for the Court of Appeal’s decision on Adam Adli’s final appeal against his conviction on a sedition charge will resume 1 March 2017 at the Court of Appeal in Putrajaya.

Student activist Adam Adli Abdul Halim - pic taken from says.com

Student activist Adam Adli Abdul Halim – pic taken from says.com

This  follows a postponement by the Court at yesterday’s proceedings after after the presiding judge Datuk Wira Mohtarudin Baki recused himself from the case after deputy public prosecutor Faiza Mohd Salleh pointed out that Mohtarudin was on the panel that acquitted another student activist, Muhammad Safwan Anang, of a similar sedition charge last year.

Adam was handed a jail sentence of 12 months by the Sessions Court on Nov 19, 2014 after he was found guilty of giving a seditious speech at a rally in the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Dang Wangi here between 8.55pm and 11.15pm on May 13, 2013.

On an appeal in November 2016, the High Court decided that his conviction should be upheld but substituted the 12 months’ jail sentence imposed on him by the Sessions Court with a fine of RM5,000.

Today, the Court of Appeal will decide on his appeal against his conviction and the prosecution’s cross-appeal against the High Court decision to substitute the custodial sentence with a RM5,000 fine.

 

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Adam Adli appeal postponed after judge withdraws self

Source: The Malay Mail Online

Adam Adli Abdul Halim is appealing his 2014 conviction in the Sessions Court, which found him guilty under the Sedition Act for a speech he made during a rally at the Kuala Lumpur and Selangor Chinese Assembly Hall on May 13, 2013 and sentenced him to a year in prison. — Picture by Choo Choy May.

Adam Adli Abdul Halim is appealing his 2014 conviction in the Sessions Court, which found him guilty under the Sedition Act for a speech he made during a rally at the Kuala Lumpur and Selangor Chinese Assembly Hall on May 13, 2013 and sentenced him to a year in prison. — Picture by Choo Choy May.

PUTRAJAYA, Feb 28 — The Court of Appeal hearing of student activist Adam Adli Abdul Halim’s appeal against his sedition conviction was postponed after a presiding judge recused himself from the case today.

At the start of today’s proceedings, deputy public prosecutor Faiza Mohd Salleh pointed out that Datuk Wira Mohtarudin Baki was on the panel that acquitted another student activist, Muhammad Safwan Anang, of a similar sedition charge last year.

“You’re putting me in awkward position. If you think (there is a) likelihood of bias… I withdraw myself,”  Mohtarudin said in court.

The other two judges on the panel, Datuk Harminder Singh and Datuk Abdul Karim Abdul Jalil, then set for the hearing to resume tomorrow. Read more

[Updated] Decision on Adam Adli’s appeal against conviction for sedition

UPDATE: Adam Adli appeal postponed after judge withdraws self [28 Feb 2017] — the hearing has been fixed to resume tomorrow


Student activist Adam Adli Abdul Halim - pic taken from says.com

Student activist Adam Adli Abdul Halim – pic taken from says.com

The decision on Adam Adli’s final appeal against his conviction on a sedition charge will be given by the Court of Appeal on 28 February 2017 at 9.00am at Court of Appeal Court 3 in Putrajaya.

Adam was handed a jail sentence of 12 months by the Sessions Court on Nov 19, 2014 after he was found guilty of giving a seditious speech at a rally in the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Dang Wangi here between 8.55pm and 11.15pm on May 13, 2013.

On an appeal in November 2016, the High Court decided that his conviction should be upheld but substituted the 12 months’ jail sentence imposed on him by the Sessions Court with a fine of RM5,000.

Today, the Court of Appeal will decide on his appeal against his conviction and the prosecution’s cross-appeal against the High Court decision to substitute the custodial sentence with a RM5,000 fine.

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Adam Adli’s appeal against conviction for sedition

Appeals Court sets Feb 2, next year for hearing of Adam Adli’s appeal

Source: The Malay Mail Online

Student activist Adam Adli Abdul Halim  - pic taken from says.com

Student activist Adam Adli Abdul Halim – pic taken from says.com

PUTRAJAYA, Dec 6 — The Court of Appeal has set Feb 2, next year for hearing of student activist Adam Adli Abdul Halim’s appeal against his conviction for sedition.

The prosecution is also cross-appealing against the High Court decision in substituting the 12 months’ jail sentence imposed on him by the Sessions Court, with a fine of RM5,000.

A three-man panel led by Justice Datuk Wira Mohtarudin Baki fixed the hearing date after the matter was mentioned before the court today, pending the decision in another sedition appeal in the case of Muhammad Safwan Anang.

Deputy public prosecutor Nurshafini Mustafha informed the court the prosecution would want to study the court’s verdict in Muhammad Safwan case.

Mohtarudin, however, suggested to set the hearing date and on that day, the prosecution could decide if they wanted to withdraw their appeal or proceed.

He said one of the judges presiding on the Court of Appeal panel in Muhammad Safwan’s case was still on medical leave.

On July 18, the Court of Appeal’s three-member panel comprising justices Mohtarudin, Datuk Seri Zakaria Sam and Datuk Dr Prasad Sandosham Abraham reserved their judgment after hearing submission in the appeal by Muhammad Safwan, a former student activist, over his conviction for making a seditious speech at the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Kuala Lumpur on May 13, 2013.

The prosecution is cross-appealing against the High Court decision in substituting the 10 months’ jail term imposed on Muhammad Safwan by the Sessions Court to RM5,000 fine, in default two years jail.

Adam Adli, meanwhile, was jailed 12 months by the Sessions Court on Nov 19, 2014 after he was found guilty of giving a seditious speech at a rally in the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Dang Wangi here between 8.55pm and 11.15pm on May 13, 2013.

He is appealing against his conviction while the prosecution is cross-appealing against the High Court decision to substitute the custodial sentence with a RM5,000 fine.

Lawyer Melissa Sasidaran represented Adam Adli. — Bernama

Activists lose constitutional challenge to assembly charge

Source: The Malay Mail Online

Lawyers for Liberty executive director Eric Paulsen ― Picture by Yusof Mat Isa

The activists’ lawyer Eric Paulsen says the court rejected the challenge based on a procedural requirement for the application to be first filed at the Sessions Court instead of the High Court. ― Picture by Yusof Mat Isa

KUALA LUMPUR, Jan 20 — The Court of Appeal today struck out a constitutional challenge from four former student activists to set aside the charges against them for assembling in a public place.

A three-judge panel chaired by Court of Appeal president Tan Sri Md Raus Sharif dismissed the application from Adam Adli Abd Halim, Muhammad Safwan Anang, Ekhsan Bukharee and Mohamed Bukhairy Mohamed Sofian who were appealing against being charged with taking part in an illegal in a restricted public place.

The foursome were charged under the Peaceful Assembly Act (PAA) when they took part in a June 22, 2013 rally in the compound of Masjid Ar-Rahman Universiti Malaya, which is a restricted area.

Section 4(2)(b) of the PAA prohibits the public from organising or participating in an assembly held at any prohibited place and within 50m from the place’s limit.

If found guilty, they can be fined up to RM 10,000 each.

According to the activists’ lawyer, Eric Paulsen, the court rejected the challenge on a preliminary objection based on Section 30 of the Courts of Judicature Act (CJA) 1964, which is a procedural requirement for their application to be first filed at the Sessions Court instead of the High Court.

“We are to file at Sessions Court to refer to the High Court,” Paulsen told Malay Mail Online when contacted. Read more

Appeals Court sets Feb 2, next year for hearing of Adam Adli’s appeal

Source: The Malay Mail Online

Student activist Adam Adli Abdul Halim - pic taken from says.com

Student activist Adam Adli Abdul Halim – pic taken from says.com

PUTRAJAYA, Dec 6 — The Court of Appeal has set Feb 2, next year for hearing of student activist Adam Adli Abdul Halim’s appeal against his conviction for sedition.

The prosecution is also cross-appealing against the High Court decision in substituting the 12 months’ jail sentence imposed on him by the Sessions Court, with a fine of RM5,000.

A three-man panel led by Justice Datuk Wira Mohtarudin Baki fixed the hearing date after the matter was mentioned before the court today, pending the decision in another sedition appeal in the case of Muhammad Safwan Anang.

Deputy public prosecutor Nurshafini Mustafha informed the court the prosecution would want to study the court’s verdict in Muhammad Safwan case.

Mohtarudin, however, suggested to set the hearing date and on that day, the prosecution could decide if they wanted to withdraw their appeal or proceed. Read more