A man will be released from jail today after the nullification of his conviction and sentencing over displaying a photo of the Yang di-Pertuan Agong during a by-election campaign.
P Ramasamy is set to be charged again before the Kuala Kubu Baharu Magistrate’s Court on May 30 to re-record his guilty plea or claim to trial.
Yesterday, the Shah Alam High Court quashed the 66-year-old’s conviction by the lower court as well as a one-month jail term and RM3,000 fine, on the grounds that his guilty plea was “equivocal” and he did not understand the nature and consequences of the offence.
The charge was framed under Section 4A(1) of the Election Offences Act 1954, which deals with the offence of making a statement that promotes feelings of ill-will, discontent or hostility between persons of the same race or different races or of the same class or different classes of the population of Malaysia, in order to induce a voter to vote or refrain from voting at an election.
Ramasamy’s counsel Rajesh Nagarajan today revealed that today’s initially set recharging was rescheduled to May 30.
“Ramasamy will be released from prison today. His case will be called on May 30,” the lawyer told Malaysiakini.
Back on May 6, the Kuala Kubu Baharu Magistrate’s Court sentenced Ramasamy to one month in jail and a RM3,000 fine, following his then guilty plea when charged. No lawyer represented him at the time.
The lower court ordered the self-employed man to serve the custodial sentence from the date of his arrest on May 4, further ordering him to serve an additional 10 months in jail if he failed to pay the fine.
Ramasamy apologised to the lower court then and had pleaded for a lighter sentence, stating he was unaware that his actions were wrong.
The charge was framed under Section 4(A)1 of the Election Offences Act 1954.
Ramasamy was accused of committing the act on a four-wheel drive around Taman Bukit Bunga near Hulu Selangor at 5.40pm on May 4.
If convicted, he faces a jail term of not more than five years, a fine of not exceeding RM10,000, or both.
Following his initial conviction, the accused through counsel Rajesh filed the criminal revision application at the High Court. - Mkini
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