Prosecutors have gone up to the High Court to nullify the verdicts in two criminal cases against former Universiti Malaya Association of New Youth (Umany) chairperson Wong Yan Ke.
One of the prosecution’s appeals targeted the Petaling Jaya Magistrate’s Court decision on Oct 4 to grant a discharge not amounting to an acquittal (DNAA) over a charge of disobeying police orders to stop live recording a police raid three years ago.
The prosecutors’ other appeal is over the Kuala Lumpur Magistrate’s Court verdict on Oct 9 that convicted and fined Wong RM5,000 for ‘deliberate insult and disruption of peace’ in a case linked to his protest against former Universiti Malaya vice-chancellor Abdul Rahim Hashim.
The prosecution is seeking a stiffer penalty against Wong (above) in the convocation protest case.
Wong himself has appealed to the High Court to quash his conviction and secure a full acquittal as well as set aside sentencing in the convocation protest case.
In a media statement this afternoon, the 27-year-old confirmed these appeals, adding that he was summoned to attend the hearing of the prosecution’s police disobedience case appeal before the Shah Alam High Court on Oct 30.
The outspoken activist said in relation to the convocation protest case, the Kuala Lumpur High Court has set Nov 15 for mention of the appeals by both the defence team as well as prosecution.
Back on Oct 4, the Petaling Jaya Magistrate’s Court granted DNAA to Wong after the prosecution failed to present all of its five witnesses in court on that day which was set for full trial over the police obstruction case.
Wong was charged under Section 188 of the Penal Code for disobedience to an order duly promulgated by a public servant.
Witnesses unable to attend
Despite deputy public prosecutor Nurul Sofea Jaysal seeking a new hearing date due to all five prosecution witnesses being unable to attend, magistrate Sharil Anuar Ahmad Mustapha instead granted DNAA due to the case having been pending for a long time.
The magistrate also pointed out that the prosecution should have all the necessary evidence ready rather than facing a situation where witnesses couldn’t appear in court.
Initially, the police charged him under Section 186 of the Penal Code (obstructing a public officer) but they later switched to Section 188 (resisting a public servant in the discharge of his duty) for prosecution.
Wong was arrested on Nov 7, 2020, when police raided the house of his successor Yap Wen Qing in relation to a probe of a Umany article on the role of the Yang di-Pertuan Agong.
He was filming the actions of the police with his mobile phone during the raid.
In an article posted on Oct 30, 2020, Umany argued that the king “should not interfere in national affairs, must always maintain a neutral attitude and play his role within the framework permitted by the Constitution”.
The article followed the Agong’s rejection of the government’s request for an emergency declaration and His Majesty advising all MPs to support Budget 2021.
However, in a Facebook post on Nov 12 of the same year, the association retracted the article and apologised to the monarch.
Fined for disruption of peace
Meanwhile, on Oct 9, 2023, the Kuala Lumpur Magistrate’s Court fined Wong RM5,000 after finding him guilty of ‘deliberate insult and disruption of peace’ in the convocation protest case.
Magistrate Illi Marisqa Khalizan said the defence failed to raise a reasonable doubt regarding the charges against the accused, framed under Section 504 of the Penal Code.
On Oct 14, 2019, Wong caused a scene during UM’s convocation protesting against Rahim for alleged racist remarks.
Upon receiving his graduation scroll on stage, the then engineering student yelled: “Tolak rasis. Undur VC. Ini Tanah Malaysia” (Reject racists. VC step down. This is Malaysian land).
Among the reasons Wong cited in his protest was that Rahim allegedly promoted racism and hatred, infringed on academic freedom, served as a “political puppet” and failed to solve UM’s financial problems.
He later alleged that part of his protest was also against Rahim’s “racist” speech during the controversial Malay Dignity Congress on Oct 6, 2019.
In his speech, Rahim allegedly claimed that the change in government after the 14th general election had eliminated Malay political dominance and asserted that Malay privileges were being questioned.
Rahim also allegedly warned others not to challenge the social contract. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.