Friday 29 Mar 2024
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(Oct 23): PKR leader Mat Shuhaimi Shafiei, who was charged with posting seditious material against the sultan of Selangor four years ago, will continue to challenge the criminal aspect of the Sedition Act despite the Federal Court holding the law as constitutional.

The Seri Muda assemblyman's lawyer New Sin Yew said Shuhaimi would argue in the Court of Appeal that the prosecution must show mens rea (criminal intent) and actus reus (criminal conduct) to prove their case.

"Since sedition is not a strict liability offence, both elements must be proved to secure a conviction," New told The Malaysian Insider.

Shuhaimi's appeal is scheduled for December 10.

The courts have consistently held that the prosecution need not prove intention in a sedition charge.

In February, the High Court dismissed Shuhaimi's civil action filed last December on grounds of abuse of court process.

Apart from challenging the fundamental principle of criminal law, Shuhaimi had also said Sections 3 and 4 of the Sedition Act were against 10(1)(a) of the Federal Constitution.

Section 3 gives a broad outline of seditious tendencies while Section 4 states the penalties that can be imposed on those who utter or publish seditious comments.

On October 6, law professor Dr Azmi Sharom failed in his attempt to declare the sedition law unconstitutional.

A five-man bench chaired by Chief Justice Tun Arifin Zakaria said Parliament had the power to impose restrictions on freedom speech on grounds of public order and national security.

That ruling will impact more than 30 politicians, government critics and activists? who have been charged under the Sedition Act since last year.

On February 7, 2011, Shuhaimi pleaded not guilty at the Shah Alam Sessions Court to a charge of posting seditious material on his website, srimuda.blogspot.com.

He allegedly committed the offence at his service centre at 6/2, Jalan Anggerik Vanilla R 31/R, Kota Kemuning on December 30, 2010.

The charge was in connection with a posting on his blog titled "Beraja di mata, bersultan di hati" which was deemed to have insulted the sultan of Selangor.

The posting, which was in response to the controversial appointment of Mohd Khusrin Munawi as the new Selangor state secretary, had touched on the people’s uprising against the monarchy in pursuit of justice.

The posting resulted in a litany of police reports, with several groups accusing the PKR leader of committing treason.

The trial came to a halt when Shuhaimi filed an application to challenge the constitutionality of the charge in the High Court.

On August 25, 2011, the High Court dismissed Shuhaimi's application to set aside the sedition charge against him.

The Court of Appeal also dismissed his appeal to strike out the charge and held that Section 4(1)(c) of the Sedition Act was constitutionally valid.

Those found guilty of sedition could face a fine of up to RM5,000 or a maximum jail term of three years, or both.

However, elected representatives will lose their public office if the court imposes a fine of RM2,000 or more, or at least one year’s jail term. – The Malaysian Insider

 

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