AGC displaying ‘BN-era attitude’ in bid to increase Tian Chua’s sedition sentence – lawyer

The Attorney General’s Chambers (AGC) has been criticised for harking back to BN-era attitudes in its move to challenge PKR vice-president Tian Chua’s appeal of his previous conviction under the Sedition Act 1948.

Despite pleas for the case to be dropped, AGC will not only be challenging the appeal but also attempting to increase the original sentence meted out to the politician, says N Surendran, Tian Chua’s lawyer.

This will take place at the Kuala Lumpur High Court at 9am tomorrow.

“We had made a written request on behalf of Tian Chua to the AGC asking for them not to further prosecute on this charge, but this was in effect rejected in a letter [...]”.

“What's worse is that they will proceed with their cross-appeal to increase of the prison sentence meted out by the Kuala Lumpur Sessions Court,” Surendran told Malaysiakini when contacted about the case today.

Back in Sept 2016, Tian Chua was sentenced to three months’ jail and a RM1,800 fine after he was convicted of sedition for remarks he made at a public forum in 2013.

Reflecting ‘BN-era’ attitudes

By pursuing the case against Tian Chua, AGC is harking back to its ways during the previous BN government, Surendran (photo) said.

“By failing to (not challenge the appeal), they (the AGC) are reflecting the same imperatives and attitudes which they displayed during BN’s rule.

“They should instead uphold rule of law and the basic rights of the rakyat such as freedom of speech and freedom of assembly as laid down in the Federal Constitution,” he said.

“The role of certain senior deputy public prosecutors, who played an active role under BN in (pursuing) undemocratic and baseless prosecutions and appeals, must be reviewed. They continue to hold high positions in the chambers,” he added.

Surendran thus urged the AGC to change its position on the case against Tian Chua, especially since the Harapan government had promised to abolish the Sedition Act.

Earlier, NGO Fortify Rights' legal director and lawyer Eric Paulsen had also condemned the AGC for its move in the Tian Chua case.

“You would think that in Malaysia Baharu (New Malaysia) there is freedom of speech and that one would not go to jail for merely speaking out, much less for someone like Tian Chua who spoke out against the un-free and unfair 13th General Election (GE13).

“Although most, if not all, sedition charges have been withdrawn in the New Malaysia, I'm not sure why the AGC is insisting on proceeding with Tian Chua's appeal [...],” he had tweeted.

Malaysiakini is contacting the AGC for comment.

Following the GE13 in 2013, Tian Chua, whose full name is Chua Tian Chang, had told a forum at the Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) to rise up and take to the streets to protest the election results.

Several other speakers at the forum were also charged for sedition, but like former Batu Berendam MP Mohd Tamrin Ghafar, some have since been acquitted and released. - Mkini