Terengganu exco fined RM2,000 for sedition, expected to keep Kijal seat

 

The Kuala Lumpur Sessions Court has slapped Kijal assemblyperson Razali Idris with a RM2,000 fine for making seditious remarks at the launch of Bersatu’s campaign machinery for the Kemaman by-election three years ago.

Judge Norma Ismail imposed the sentence on the 59-year-old Terengganu exco member after he was found guilty, ruling that the prosecution had proven its case beyond a reasonable doubt, Bernama reported.

She ordered that Razali serve a three-month jail term in default of payment.

On Nov 24, 2023, the former Bersatu information chief was charged with uttering seditious words by alleging that a court decision was controlled by the government.

He was accused of committing the offence at Padang Astaka Chukai in Kemaman, Terengganu, between 9.30pm and 11.30pm on Nov 10 that year.

He was charged under Section 4(1)(b) of the Sedition Act 1948, which is punishable under Section 4(1) of the same Act with a fine of up to RM5,000, imprisonment of up to three years, or both.

Deputy public prosecutor Izzat Amir Idham urged the court to impose a custodial sentence, arguing that the offence was serious in nature.

“This is because the accused is a person of high standing and influence, and a fine could be perceived as a burden that can be easily borne without any real deterrent effect,” he said.

Razali's lawyer, Awang Armadajaya Awang Mahmud, then pleaded for his client to be spared a jail sentence, citing his contributions to national politics.

“In this case, there is no issue of national security or public order, as the statement did not have any impact on society," he said, adding that a prison sentence exceeding 12 months or a fine exceeding RM2,000 would result in Razali losing his eligibility as an assemblyperson, as stipulated under Article 48 of the Federal Constitution.

Awang Armadajaya said that this would then trigger a by-election and stressed that public interest needs to also be taken into consideration to avoid unnecessary public expenditure.

Four prosecution witnesses and four defence witnesses, including the accused, testified during the trial, which began in September last year.

The 'Tian Chua precedent'

Razali paid the fine and will likely retain his state seat.

This is because Razali’s case mirrors that of then PKR vice-president Tian Chua, who the Election Commission (EC) disqualified from contesting the Batu parliamentary seat on nomination day during the 2018 general election.

At the time, the returning officer made the decision based on a March 2, 2018, Shah Alam High Court ruling, which saw Chua fined RM2,000 for insulting the modesty of a police officer.

That decision, however, was at odds with the one taken during the 13th general election, when Chua was allowed to contest in Batu despite a separate, earlier conviction for which he was also fined RM2,000.

On Nov 6, 2019, the Kuala Lumpur High Court ruled that he was free and eligible to contest in future elections, and that his disqualification as a candidate in GE14 was not valid.

Former MP Tian Chua

Article 48(1)(e) of the Federal Constitution states that a person is disqualified from being a parliamentarian or from contesting an election if they are fined “not less than RM2,000”.

The legal debate surrounding Chua’s case then centred on whether “not less than” meant RM2,000 and above - which would disqualify him - or RM2,001 and above, which would allow him to contest.

For context, in a June 18, 2010 case, High Court judge Ghazali Cha reduced Chua’s six-month jail term and RM3,000 fine to a fine of RM2,000 over causing hurt to the police officer at a rally.

Article 48(1) of the Federal Constitution provides that a person is disqualified as an MP or from contesting an election if he or she has been imprisoned for a term of not less than one year or fined not less than RM2,000.

Ghazali had also addressed the ambiguity in the provision, specifically whether disqualification would apply at exactly RM2,000 or only from RM2,001 and above.

He ruled at the time that Chua was not disqualified, as his fine amounted to RM2,000, and that no by-election was therefore required. - Mkini