Court to hear application over constitutionality of Sedition Act on March 19

Source: The Star Online

KUALA LUMPUR: A Sessions Court here has fixed March 19 to hear an application by Padang Serai MP N. Surendran, lawyer Eric Paulsen and cartoonist Zunar to refer constitutional questions to the court about the Sedition Act 1948.

Judge Zaman Mohd Noor fixed the date when the case was mentioned before him on Wednesday (Dec 10).

Lawyer Latheefa Koya, who acted for the applicants, said they made the application under Section 30 of the Courts of Judicature Act 1964.

Latheefa said since the Federal Court had not resolved the question of “intention” by ruling that it must be proven under the Sedition Act, they could in fact proceed with the issue.

In their decision, a five-member Federal Court bench quashed the 2016 landmark decision, ruling that intention must be proven in every sedition case.

The latest decision means that the law has reverted to its previous position, and it only needs to be proven that the accused had made the seditious statement, without the need to prove the intention.

Read more

Ahead of GE14, Zahid warns ‘Sabah for Sabahans’ seditious

Source: The Malaysian Insight

UMNO’S number two Ahmad Zahid Hamidi slammed rising regionalism in East Malaysia, saying that such sentiments were a serious crime that can be severely punished.

His warning comes as Umno, which holds 13 parliamentary seats in Sabah, faces a fierce local opposition that is dipping into a surge of regionalism expressed through the motto “Sabah for Sabahans”.

“The action of those who seditiously incite the people with slogans of ‘Sabah for Sabahans and Sarawak for Sarawakians’ is against the Federal Constitution.

Read more

Selangor Royal Court wants Dr Mahathir investigated for sedition

Source: The Malaysian Insight 

THE Selangor Royal Court wants Pakatan Harapan chairman Dr Mahathir Mohamad investigated for sedition, for allegedly inciting hatred towards those of Bugis descent.

In a statement today, Selangor Royal Court secretary Hanafisah Jais said Dr Mahathir had appeared to incite Malaysians to hate, degrade and view the Bugis community with contempt.

Dr Mahathir allegedly made such remarks in a speech at the Love Malaysia, End Kleptocracy rally in Petaling Jaya on October 14, Hanafisah said.

“Members of the Royal Court feel (Dr Mahathir’s) speech was extremely excessive, and can spark hatred and feelings of ill will towards the Bugis community, to the point of causing chaos and disharmony  ,” said the statement. 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.

 

Related Article

 

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.

FB_IMG_1488214226308

 

So what’s that about human rights? — Boo Su-Lyn

Source: The Malay Mail Online

Boo Su-Lyn is a feminist who loves reading fiction. She tweets at @boosulyn. Pic from the MMO.

Boo Su-Lyn is a feminist who loves reading fiction. She tweets at @boosulyn. Pic from the MMO.

DECEMBER 30 ― This year has seen widespread human rights violations in Malaysia, including attacks on freedom of speech, freedom of assembly, native rights, and the right to privacy.

The government appears to be increasingly intolerant of dissent and resorted to investigating trivial matters like the posting of “insulting” photos of leaders on WhatsApp, posting a video of a press conference, and various Facebook posts and tweets.

If Malaysia is serious about achieving developed nation status by 2020, then the government must acknowledge and respect basic human rights like freedom of speech and freedom of assembly. Without the space to express ideas and opinions, society cannot progress.

These are the top 8 human rights violations in the country in 2016, in no particular order: Read more

Conviction wrongful: Lawyers For Liberty

Source: The Heat Malaysia

Sessions Court rules prosecution has proven prima facie case, in convicting the PKR vice-president for sedition over inciteful comments in a speech following the last general election. Image taken from FMT News.

Sessions Court rules prosecution has proven prima facie case, in convicting the PKR vice-president for sedition over inciteful comments in a speech following the last general election. Image taken from FMT News.

PKR Batu MP Tian Chua was sentenced to three months’ jail and fined RM1,800 after he was found guilty of sedition by the Sessions Court in Kuala Lumpur today. His conviction was immediately denounced as wrongful.

The charge was over remarks he made during a forum three years ago after the 13th General Election. Sessions Court judge Zulqarnain Hassan ruled the prosecution had proven the charge against Tian Chua, who is also PKR vice-president, beyond reasonable doubt.

He added that he was satisfied that Tian Chua, had a “tendency to utter seditious words with the intent of toppling a democratically elected government”.

The judge pointed to the words ‘bangkit’ (rise up) and ‘turun ke jalan raya’ (take to the streets), used by Tian Chua during the forum, as being seditious in nature.

“There is no doubt his speech had the tendency to incite people to change the legally elected government,” the judge added.

He found Tian Chua’s words to be seditious under Section 4(1)(b) of the Sedition Act 1948. Read more

Tian Chua jailed 3 months, fined RM1,800 for sedition

Source: FMT News

Sessions Court rules prosecution has proven prima facie case, in convicting the PKR vice-president for sedition over inciteful comments in a speech following the last general election. Image taken from FMT News.

Sessions Court rules prosecution has proven prima facie case, in convicting the PKR vice-president for sedition over inciteful comments in a speech following the last general election. Image taken from FMT News.

KUALA LUMPUR: Batu MP Tian Chua was sentenced to three months jail and fined RM1,800 after he was found guilty of making seditious remarks in a post-GE13 speech.

The sentence meted out means that Tian Chua will retain his parliamentary seat as it is below the one-year jail and RM2,000 fine threshold that will cause a lawmaker to lose their seat.

Sessions Court judge Zulqarnain Hassan ruled the prosecution had proven the charge against Tian Chua, who is also PKR vice-president, beyond reasonable doubt.

He added that he was satisfied that Tian Chua, had a “tendency to utter seditious words with the intent of toppling a democratically elected government”.

“The accused had already used words such as ‘bangkit’ (rise), ‘turun ke jalan’ (take to the streets), not long after the 13th general election.

“There is no doubt his speech had the tendency to incite people to change the legally elected government,” the judge added. Read more