COA fines state rep RM1.8k for sedition, sets aside jail sentence

A three-member Court of Appeal bench today set aside an eight-month jail sentence for Meru assemblyperson Mohd Fakhrulrazi Mokhtar over seditious remarks made at the 2015 Kita Lawan rally.

It was replaced instead with an RM1,800 fine, or six months' jail in the event of non-payment. 

In 2016, the Amanah politician had been found guilty by the Sessions Court in Kuala Lumpur of sedition at the previous year’s rally and sentenced to eight months in jail.

His sentence and conviction were upheld by the Kuala Lumpur High Court in 2018 when Justice Azman Abdullah dismissed an appeal by the defence to either set aside the conviction or reduce the jail sentence, as well as an appeal by the prosecution to enhance the sentence.

Justice Umi Kalthum Abdul Majid, who led the bench today, said the judges had unanimously agreed to set aside the 2016 jail sentence.

"This follows the appeal only on the sentence and not on the conviction (for sedition), " she said.

"Hence we agree to replace the jail sentence with an RM1,800 fine or, in default, six months’ jail,” she said.

The other judges were Justice Harmindar Singh Dhaliwal and Justice Stephen Chung.

Prosecution agrees

Fakhrulrazi's lawyer Ariff Azami Hussin said they were not appealing the conviction but only the eight months' sentence as "manifestly excessive".

He said at the High Court, the judge said an eight months' prison sentence was not excessive when compared to the (maximum) five years' jail for sedition.

"Five years only applies if it is a repeated offence but in the case of my client he is a first offender and the judge in making the comparison was wrong.

"Furthermore, my client has been elected an assemblyperson and his electorate would be deprived of a representative in the legislative assembly if he is jailed for eight months. Hence, it is not in the best interests to impose such a lengthy sentence," Ariff said.

DPP Teralina Ahmad Fauzi said the prosecution also found the eight months' jail sentence excessive and had no objection to the defence appeal.

After a short break, the appellate court allowed the appeal. - Mkini