Activist Safwan escapes prison, fined RM5,000 instead

Former Solidariti Mahasiswa Malaysia (SMM) chairperson Muhammad Safwan Anang @ Talib won his appeal for a lighter sentence for his sedition conviction at the Kuala Lumpur High Court today.

The defence had appealed on the conviction and the sentence but the judge Mohd Azman Husin only accepted the appeal for a lighter sentence.

The 26-year-old had his sentence reduced to a RM5,000 fine or two years' jail if he fails to pay the fine.

"We are grateful and relieved for the decision given by the court. At least we got something today.

"Like what the judge said, the (previous) sentence was on the high side: 10 months' jail for a first-timer, a young student," Safwan's lawyer Ariff Azami Hussein said when met by reporters outside the courtroom today.

Ariff is part of the human rights law group ProGuam and is working on the Safwan's case on a pro bono basis.

Cross-appeal

Meanwhile, the prosecution had cross-appealed to enhance the sentence, which the judge rejected.

Previously, Safwan had been sentenced to 10 months jail after being found guilty of committing the offence under Section 4(1) of the Sedition Act 1948 in a speech delivered on May 13, 2013.

He was accused of making a seditious speech to encourage the public to topple a legitimate government through illegal means.

After his conviction, he was granted a stay of execution pending appeal and was released on bail of RM15,000.

The judge today expressed shock over the bail amount and asked several times whether the reduced sentence of a fine of RM5,000 was affordable and reasonable to the defence.

Ariff said the fine was reasonable, but later told reporters that despite that, they intend to appeal on the conviction again.

"This case will not end here but at least we got something today.

"(We intend to) appeal on the conviction (again). The deputy public prosecutor (DPP) most likely will also appeal on (enhancing) the sentence," he said. -Mkini