The Magistrate's Court in Kuala Lumpur has ordered former Universiti Malaya Association of New Youth (Umany) chairperson Wong Yan Ke to enter his defence over his protest against former Universiti Malaya vice-chancellor Abdul Rahim Hashim.
The decision was read by magistrate Fardiana Haryanti Ahmad Razali today after she found the prosecution had proven a prima facie case against Wong (above).
Under the law, a prima facie ruling means that a criminal case has been sufficiently made against the accused unless the accused later successfully raises a reasonable doubt in the prosecution’s case.
In the course of the prosecution stage of the trial, 13 witnesses had given their sworn evidence, including Rahim.
Following the decision, defence counsel Tan Wei Shin informed the court that Wong would give sworn evidence from the witness stand for the defence stage of the trial.
The accused have three options on how to respond to the order to enter defence: firstly, to give a sworn testimony from the witness stand; secondly, to give an unsworn statement from the dock; and thirdly, to remain silent.
The court fixed May 17 for the defence to submit their witness list and July 4 to 7 for the defence stage of Wong’s trial.
Wong was charged under Section 504 of the Penal Code for the intentional insult with intent to provoke a breach of peace.
The charge carries imprisonment for a term of up to two years, a fine or both upon conviction.
Wong allegedly caused a scene during UM’s convocation on Oct 14, 2019, protesting against Rahim, the varsity’s then vice-chancellor, for alleged racist remarks.
Upon receiving his graduation scroll on stage, Wong, then an engineering student yelled “Tolak rasis. Undur VC. Ini Tanah Malaysia (Reject racists. VC step down. This is Malaysian land)”.
Among the reasons cited by Wong in his protest was that Rahim allegedly promoted racism and hatred, infringed on academic freedom, served as a “political puppet” and failed to solve UM’s financial problems.
He later alleged that part of his protest was also against Rahim’s “racist” speech during the controversial Malay Dignity Congress on Oct 6.
In his speech, Rahim allegedly claimed the change in government after GE14 had eliminated Malay political dominance and asserted that Malay privileges were being questioned.
Rahim is also alleged to have warned others not to challenge the social contract.
The varsity expressed that they were in full support of the vice-chancellor, condemning Wong’s “rude and unacceptable” actions. They later lodged a police report on the matter.
‘UM still has a feudal system’
When met by the media after the proceedings, Wong said that while he was disappointed by the court’s decisions, he would continue to defend his rights and freedom of expression.
“‘All animals are equal, but some are more equal than others.’ I stand by this sentence, as it mirrors today’s incident.
“The (former) vice-chancellor had misused his power and the name of UM to deliver his speech at the Malay Dignity Congress. Nevertheless, to this day he is accepted by the public and no one has taken him to court. He receives a lucrative pension without any implications.
“On the other hand, I am constantly in and out of court defending my rights and my freedom,” he claimed.
Wong alluded this to a structural issue within the varsity, claiming it still had a “feudal system”.
“Not only have they failed in progressive thinking, but they have also allowed society to remain ignorant, distorting the values of freedom and equality. Rather than defend academic freedom, they prioritise reputation and a glamorous image.
“Freedom of speech is a manifestation of human dignity, and a catalyst of character development - one of the basic conditions of building a democratic society.
“I will continue to defend my rights and freedom of speech enshrined in the constitution,” he alleged. - Mkini
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