Case of displaying Agong photo at KKB polls sent back to lower court

The Shah Alam High Court has nullified the conviction of a man over displaying a photo of the Yang di-Pertuan Agong during the Kuala Kubu Baharu by-election campaign.

Judge Wendy Ooi Su Ghee also nullified the man’s one-month jail sentence and RM3,000 fine this morning

She ordered the criminal case against P Ramasamy, not to be confused with the former Penang deputy chief minister of the same name, to be reverted to the Kuala Kubu Baharu Sessions Court.

The charge is to be read back to the accused so he can record his plea again.

When contacted this morning, the 66-year-old’s counsel Rajesh Nagarajan confirmed the outcome of the criminal revision application targeting the accused’s initial conviction following a guilty plea on May 21.

“The (High) Court found that the (initial guilty) plea was equivocal as he did not understand the nature and consequences of the offence.

“The High Court had to interfere with the Magistrate Court’s decision as the magistrate failed to acknowledge that the plea was an equivocal plea, as the accused had clearly mentioned that he had no intention to commit the crime that he was charged for,” Rajesh said.

The lawyer added that the matter now is to be reverted to the magistrate's court for the accused to be charged again and a new plea to be taken.

On May 6, the Kuala Kubu Baharu’s Magistrate’s Court sentenced Ramasamy to one month in jail and a RM3,000 fine.

Magistrate Siti Fatimah Talib handed down the sentence following the 66-year-old’s guilty plea when charged in court.

Sensitive issue

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 was accused of committing the act on a four-wheel drive around Taman Bukit Bunga near Hulu Selangor at 5.40pm on May 4.

The charge was framed under Section 4(A)1 of the Election Offences Act 1954 for malicious intent, which provides a jail term of not more than five years, a fine of not exceeding RM10,000, or both.

Deputy public prosecutor Asmah Che Wan prosecuted while the accused was unrepresented during the lower court proceedings.

Ramasamy apologised to the court and pleaded for a lighter sentence, stating he was unaware that his actions were wrong.

Asmah sought for the court to impose an appropriate punishment, as the offence involved disrespecting and insulting the Agong, Sultan Ibrahim Sultan Iskandar, saying it is a sensitive issue that could invoke anger among Malaysians. - Mkini