RECONCILIATION OR RETALIATION? Perak Crisis activists jailed 2 yrs, fined RM5K each

KUALA LUMPUR - In a ruling the federal Opposition has described as marking another "Black Day" for justice in Malaysia, the Kuala Kangsar Sessions Court has sentenced 13 individuals to 2 years jail and fined them RM5,000 each for protesting a 2009 power grab staged by Prime Minister Najib Razak's Umno-BN coalition.

The coup-d'etat launched by Najib had toppled the state government then led by the Pakatan Rakyat coalition, helping Umno-BN to regain power in Perak.

"Reconciliation my foot, this is retaliation," Teja state assemblyman Chang Lih Kang said on Twitter.

"It's the maximum jail penalty, a black day," said DAP adviser Lim Kit Siang.

Youth NGO Solidariti Anak Muda Malaysia has also slammed the Najib government for the "overly harsh and inhumane" punishment, and is calling on members of the public to show solidarity in a peaceful assembly at the Tapah prision where the 13 are expected to be incarcerated.

Vengeance penalty?

The 13 were found guilty of participating in an illegal gathering in Jalan Istana, Bukit Chandan at 3.30 pm on Feb 6, 2009, during the oath-taking and swearing-in ceremony of new Perak Menteri Besar, Zambry Kadir, who replaced Pakatan's Nizar Jamaluddin.

The 13 are Bad Latif Mansor, 47, Suhana Abdullah, 49, Meor Safizal Meor Mohamed Amin, 38, Mohd. Faiz Mohd. Arshad, 26, Zulhaizam Zulkifli, 29, Isha Riduan Ishak, 59, Adi Hilme Mohd Nasir, 44, Yusuf Jaafar, 48, Idris Mohd Thaib, 48, Mohamad Nazeer Hameed, 48, Khairul Azmi Hassan Basri, 48, Mohd Hasri Ismail, 48, and Mohamed Ismail S.M Abdul Kadir, 47.

Judge Norsalha Hamzah handed down the sentence after finding the defence failed to create a reasonable doubt, while the prosecution managed to prove a prima facie case against all the accused, and after taking into consideration the submissions from both parties.

Judge Norsalha ordered them to serve the jail sentence from today after rejecting the application from Augustine Anthony, who led a panel of eight lawyers representing the accused, to have a stay of execution for the jail sentence pending appeal at the High Court.

She also ordered them to serve another five months' jail if they failed to pay the fine.

In the interests of the people?

The 13 individuals were charged under Section 145 of the Penal Code (Act 574) which carries a jail term of not more than two years, or fine, or both, if convicted.

In her judgement, Judge Norsalha said the sentence was handed down in the interest of the people and the monarchy institution.

"This should be a lesson to all as the court views it as a serious offence," she said.

Earlier, Augustine asked the judge to use her discretion as stipulated under Section 294 of the Criminal Procedure Code by taking into account the fact that this was their first offence.

Deputy public prosecutor Masri Mohd Daud, however, said that appropriate punishment should be given as the case had taken almost five years to be resolved, not to mention the court's time and expenses.

"What took place that day was a chaos because some people had protested a legal process, causing unpeaceful situation and various damage. Section 145 is more serious as it has the words "...shall be punished...". Therefore, to use Section 294 is a non-issue," he said.

Meanwhile, Changkat Jering assemblyman Datuk Seri Mohammad Nizar Jamaluddin, who was appointed the Menteri Besar of Perak for 11 months after the Opposition took over the state at the 12th general election, was also present at the court today.

Several opposition leaders, including Perak DAP chairman Datuk Ngeh Koo Ham, and Perak PAS commissioner Abu Bakar Hussain, as well as their supporters, were also seen outside the court.

Malaysia Chronicle