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Monday, December 24, 2012

Umar gets stay on sentence after weekend in jail



Student activist Umar Mohd Azmi was today granted a stay of execution on his jail sentence after spending a weekend in Kajang Prison.

NONEIn granting the stay pending an appeal, Kuala Lumpur High Court judge Amelia Tee imposed several conditions for his bail, which was increased from RM1,000 to RM5,000.

Tee also required Umar (right) to attend subsequent court appeal proceedings and to avoid being involved in other similar offences.

"If he is found so (involved in similar offences), the prosecution is to apply to immediately revoke his bail. Then he (Umar) will have to serve his sentence immediately," she said.
Judge Tee also directly addressed Umar's father Mohd Azmi Mohd Amin in the gallery, advising he keep his son in check during the bail period.

Speaking outside the court room later, Mohd Azmi said the family will post bail today.

"I am grateful that my son's sentence is stayed... we will be going to Kajang Prison now to get him," he said.
Umar was on Friday sentenced to a month’s jail and RM1,000 fine by the Kuala Lumpur magistate’s court for obstructing public officers during a raid on student protesters occupying Dataran Merdeka in April.

Umar’s attorneys had sought for a hearing for a stay of execution on the sentence the same day, but were unable to serve a notice on the prosecution on time.

As a result, Umar had spent his nights in Kajang Prison since Friday.

Media ticked off

Judge Tee, who heard the application for stay today, ticked off the media for inaccurately reporting that the notice was served late, stating that it was never served at all at the time when she was about to hear the application the first time on Friday.

Lawyers Syahredzan Johan and Puspawati Rosman served as counsel for Umar while the prosecution was represented by deputy public prosecutor P Vicknesvaran.

“We will try to get all the paper work done so Umar can be freed today,” said Syahredzan.

Earlier in court, Syahredzan had argued that stay should be granted as Umar’s offence was not serious and he was a first-time offender, on top of his good track record for attendance in court and ongoing studies.

He had also argued that Umar’s appeal may be rendered academic if stay was not granted as he would likely finish serving his sentence before the lengthy appeal process can take place.

DPP Vicknesvaran did not object to the argument but complained that the applicant’s use of a student card was insufficient to prove Umar was a student of Consist College.

This led to an argument between the applicant and prosecution with the latter, subsequently backing down after the Syahredzan produced a warning letter from Consist College against Umar in relation to this case.

“This is an objection that does not make sense,” said Syahredzan after the hearing.

NONEClose to 40 supporters were also present in court to show support, including student activists who had spent the night at Dataran Merdeka.

Armed with ‘Free Umar’ posters and banners, they had also put on mock handcuffs outside the courthouse in solidarity with Umar.

The students had camped outside Kajang Prison last Saturday and at Dataran Merdeka last night  in support of their fellow student.

Umar is expected to be released today and will travel to Johor Baru to continue his practical course with an engineering company.

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