PETALING JAYA: The prosecution has appealed against the retrial of a case involving a senior citizen who allegedly embellished a vehicle with flags and images of the Yang di-Pertuan Agong, Sultan Ibrahim, during the recent Kuala Kubu Baharu by-election.
P Ramasamy was sentenced on May 6 to one month in prison and fined RM3,000 by the Kuala Kubu Bharu magistrates’ court after pleading guilty to adorning a vehicle with various flags as well as images of the king and Prime Minister Anwar Ibrahim.
On review, the Shah Alam High Court ordered Ramasamy, 66, to be charged again after finding that he did not understand the charge against him, did not enter a guilty plea, and was unrepresented.
Judicial commissioner Wendy Ooi set aside his conviction and sentence, saying he had not understood the nature and consequences of the offence.
Ooi then ordered a retrial to be held before a magistrate.
Ramasamy pleaded not guilty when he was recharged last Thursday at the Kuala Kubu Bharu magistrates’ court under Section 4A(1) of the Election Offences Act 1954 for inciting hostility among different groups of voters. The court set bail at RM4,000, which he paid.
His lawyer, Rajesh Nagarajan, told FMT today the prosecution has filed an appeal against the High Court’s order for the retrial.
Rajesh said he received a notice of appeal dated May 30 from the head of the Attorney-General’s Chambers’ appellate and trial division, Dusuki Mokhtar, confirming that the prosecution was appealing against the High Court order.
“This effectively means the prosecutors are planning to ask the appeals court to reinstate the earlier jail and fine sentence meted out to my client,” he said.
“We will fight this.”
Ramasamy, from Tanjung Rambutan, Perak, was alleged to have committed the offence while driving a four-wheel drive vehicle at Taman Bukit Bunga in Kuala Kubu Bharu on May 4.
Rajesh said Ramasamy pleaded not guilty last Thursday as he understood the charge read out to him in Tamil. - FMT
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