Tian Chua freed of sedition charge

The High Court in Kuala Lumpur today set aside PKR vice-president Tian Chua's conviction and sentence after it found the lower court had erred in finding a prima facie case and calling for his defence.

Justice Mohd Nazlan Mohd Ghazali said reading the words uttered by Tian Chua, whose real name is Chua Tian Chang, as a whole did not amount to seditious tendency as alleged by the prosecution.

In the charge sheet, Tian Chua was accused of trying to overthrow a lawful government.

Justice Nazlan pointed out that the word used by Tian Chua is bangkit (to rise up) and said this did not mean to overthrow the government.

"Focusing on the meaning of each word and the entirety of the statement, there is no reference to any call to change the government, let alone through unlawful means," he said.

"Much is said about the word bangkit uttered by the appellant; the word cannot be read to (mean to) overthrow a lawfully elected government by unlawful means," he said.

"It is clear it (the word) was (meant to be) propagating street assembly against corruption and racism."

Justice Nazlan noted that the greatest latitude should be given to freedom of expression and criticism of government policies so that the country can be developed in an atmosphere of surveillance and constraint.

"Laws such as the Sedition Act should provide the greatest latitude of freedom of expression and assembly," he said in citing former Lord President Raja Azlan Shah.

"Hence, the court sets aside the conviction and sentence," he said.

Last criminal case

Earlier, the prosecution led by DPP Mohd Zin Ibrahim informed the court that it is withdrawing the appeal to enhance the sentence of three months' jail and RM1,800 fine and told the court that the judgment from the Sessions Court was unsafe.

However, Justice Nazlan wanted counsel N Surendran to clarify a passage in the Sessions Court's judgment which seems to point to Tian Chua's guilt.

This is the last case faced by Tian Chua.

Sessions Court judge Zulqarnain Hassan, in his decision, had found Tian Chua's words to be seditious under Section 4(1)(b) of the Sedition Act.

"Looking at the facts of the case, I am satisfied that the accused (Tian Chua) had uttered remarks with seditious tendencies," Zulqarnain had said in meting out a three-month jail sentence and a fine of RM1,800.

The Sessions Court judge specifically pointed to the words bangkit (rise up) and turun ke jalan raya (take to the streets), used by Tian Chua during the forum, as being seditious in nature.

Tian Chua was charged with committing sedition at the Kuala Lumpur and Selangor Chinese Assembly Hall on May 13, 2013, shortly after the 13th general election.

Besides Surendran, Chua was represented by Latheefa Koya and Shahid Adli Kamarudin.

The former Batu MP said he is careful in his speech and this is the last criminal case against him."I would continue to voice my criticisms as an activist," he said, adding that the Sedition Act should be repealed as it stops freedom of expression. -Mkini