OKZ13: The Thirteen on Trial for protesting against Zambry’s appointment as Perak MB

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The Thirteen

Bad Latif Mansor, 47, Suhana Abdullah, 49, Meor Safizal Meor Mohamed Amin, 38; Mohd Faiz Mohd Arshad, 26; Zulhaizam Zulkifli, 29 and Isha Riduan Ishak, 59, Adi Hilmee Mohd Nasir, 44; Yusoff Jaafar, 48; Idris Mohd Thaib, 48; Mohamad Nazeer Hameed, 48; Khairul Azmi Hassan Basri, 48; Mohd Hasri Ismail, 48; and Mohamed Ismail SM Abdul Kadir, 47.

‘I would like to announce that they have all received royal pardons from the Perak sultan & the Perak pardons board’

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Perak Sultan pardons 11 people imprisoned over 2009 unlawful assembly –

Embedded image permalink

Star

Thursday June 18, 2015 MYT 10:08:47 PM

Perak Sultan pardons 11 activists

TAPAH: Eleven jailed activists, sentenced to 10 months in jail, can look forward to celebrating Ramadan and Hari Raya with their families after receiving a royal pardon from the Sultan of Perak Sultan Nazrin Shah.

They were found guilty of taking part in an unlawful assembly in front of Ubudiah Mosque, Kuala Kangsar in 2009.

Nashita Md Noor, 49, wife to one of the activists, said she was grateful to the Sultan for granting the pardon in conjunction with the auspicious fasting month.

“This means that his criminal record will be cleared and he can carry on with life on a clean slate

“We will be able to celebrate Ramadan and Hari Raya together as a family,” she told reporters while waiting for the release of her husband at Tapah Prison on Thursday.

Perak Pardons Board secretary Datuk Razali Othman in a statement released at around 5pm Thursday said the Sultan had granted the pardon to the 11 appeal cases handed to him on the prisoners who had been sentenced to 10 months from March 18, 2015 (with their date of release on Oct 2, 2015) during a meeting on Wednesday.

http://www.thestar.com.my/News/Nation/2015/06/18/perak-sultan-pardons-11-activists/?utm_source=news&utm_medium=twitter

Star

Tuesday May 5, 2015 MYT 7:21:09 PM

Perak Sultan pardons, commutes prisoners’ sentences in conjunction with enthronement

KUALA KANGSAR: The Sultan of Perak, Sultan Nazrin Shah has commuted the sentences of three prisoners and granted a pardon to a prisoner in conjunction with his enthronement ceremony Wednesday.

In addition, the Sultan presented 12 appeal cases handed to him on 12 prisoners who had been sentenced to 10 months imprisonment from March 18, 2015 (their date of release on Oct 2, 2015.)

Razali said the 12 prisoners were found guilty of taking part in an unlawful assembly under Section 145 of the Penal Code, in 2009 in front of Ubudiah Mosque, Kuala Kangsar.

Of the 12 appeals filed, only one appeal was filed personally and he was released Tuesday, the other 11 appeals were filed by a third party.

http://www.thestar.com.my/News/Nation/2015/05/05/Perak-Sultan-Pardon/?utm_source=news&utm_medium=twitter

Activists are rallying to raise RM26,000 a month to support the families of the 13 who were sentenced to 10 months jail for a February 2009 demonstration against the BN takeover of Perak.

‘Freedom Fund’ for jailed Perak coup 13 mooted

The 13 aged between 27 to 60 were sent to jail immediately after the Court of Appeal today found them guilty and sentenced them to 10 months’ jail and RM5,000 fine each.

The mooted ‘Freedom Fund’ hopes to get the support of 520 people to pledge RM50 a month for 10 months, so each of the demonstrators’ families will receive RM2,000 while their breadwinners are behind bars.

“Before we do that, we want to be sure that there is enough support. We will start working on the structure to see if we can get at least 130 people to pledge within 72 hours, ending at 1.30pm on March 21.

“So, will you be one of the 520 Malaysians in solidarity in pledging RM50 a month?” asked social activist Wong Chin Huat who was in 2009 also arrested for protesting the Perak coup.

http://www.malaysiakini.com/news/292423

Justice Moktarudin found two years prison to be too harsh, and reduced it to 10 months.

Star

Wednesday March 18, 2015 MYT 3:47:40 PM

Reduced jail term for 12 PAS supporters who protested against Perak MB’s swearing-in

PUTRAJAYA: Twelve PAS supporters have been sentenced by the Court of Appeal here to 10 months’ prison for demonstrating against the swearing-in of Datuk Seri Dr Zambry Abdul Kadir as Perak Mentri Besar back in 2009.

Justice Moktarudin Baki maintained the conviction of Bad Latif Mansor, Suhana Abdullah, Meor Safizal Meor Mohamed Amin, Mohd Faiz Mohd Arshad, Zulhaizam Zulkifli, Isha Riduan Ishak, Adi Hilme Mohd Nasir, Yusuf Jaafar, Mohamad Nazeer Hameed, Khairul Azmi Hassan Basri, Mohd Hasri Ismail, and Mohamed Ismail S.M Abdul Kadir, who were found guilty by the Kuala Kangsar Sessions Court in Sept 2013.

Panel chairman Justice Moktarudin allowed on Wednesday the prosecution’s appeal to reinstate the prison sentence ordered by the Sessions Court, ruling that the High Court had not given a solid reason to set it aside the custodial sentence.

However, Justice Moktarudin found two years prison to be too harsh, and reduced it to 10 months.

The panel, which included Justices Asmadi Asnawi and Abdul Rahman Sebli, unanimously dismissed the appeal by the 12 against the conviction.

“It is clear that it was an unlawful assembly as the demonstrations’ purpose was to disrupt a legal process (the swearing-in),” said Justice Moktarudin.

http://www.thestar.com.my/News/Nation/2015/03/18/Court-PAS-supporters-Perak-Mentri-Besar/?utm_source=dlvr.it&utm_medium=twitter

NST

TAIPING: Three of 13 Pas supporters, found guilty of taking part in an illegal gathering in Kuala Kangsar back in February 2009, have been freed by the High Court here today.

The three, Idris Mohd Thaib, 48, Meor Safizal Meor Mohamed Amin, 38, and Yusoff Jaafar, 48, were freed after Judge Datuk Ahmad Nasfy Yasin ruled that the defence had succeeded in proving a case beyond reasonable doubt against the prosecution.

All 13 had appealed to set aside the conviction and sentence against them.

Ahmad Nasfy will hand down his judgement on the remaining 10 at 3pm.

http://www.nst.com.my/node/6677

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Kenyataan peguam tentang kes OKZ13

Malaysiakini
GLC forces activist to resign after Perak verdict
An activist appealing a guilty verdict for taking part in an assembly opposing the 2009 takeover of the Perak government by the BN, was yesterday told to resign from a government-linked company (GLC), or face termination.
Bad Latif Mansor, who was in the senior management in the company, said he was informed of this when he returned to work on Sept 23, 10 days after the guilty verdict.
a“The letter from the Human Resources (HR) Department stated that I had a choice of either resigning or being sacked.“I opted to resign, even though some urged me to fight this. I feel if I did fight it, I would only be ‘cold-storaged’ at work, and I do not want that,” Bad Latif said when contacted.The father of four said the HR Department informed him that the decision was in accordance with the code of conduct of the company.
…However, he noted that the company also said it would compensate him for his loss of employment.
Earlier, the Selangor government news portal Media Selangorku reported that Bad Latif’s wife, a homemaker and fellow activist, had planned to sell their house to keep the family afloat if her husband’s application for a stay of sentence had been rejected.Malaysiakini is withholding the company’s name pending their response.

Has Justice Been Served?

| October 1, 2013 

Editorial

By Fathol Zaman Bukhari

The protracted case of the 13 protesters, who were charged for being involved in an illegal assembly in front of Istana Bukit Chandan, Kuala Kangsar on Friday, February 6, 2009, came to an abrupt end on Friday, September 13 when they were handed a 2-year prison sentence plus a fine of RM5000 each.

The accused were originally charged under Section 145 of the Penal Code which carries a jail term of not exceeding two years or a fine or both upon conviction. They were also charged under Section 27 (4) of the Police Act 1967 and punishable under Section 27 (8) of the same Act.

However, after a lengthy court trial in Kuala Kangsar beginning on August 8, 2009, till October 13, 2010, the 13 were found not guilty of committing a crime under Police Act 1967 and were freed. The prosecution could not prove a prima facie case against the accused. Judgment was passed by the Session Court judge on April 4, 2011. But the same judge ruled that the prosecution had a valid case against the accused under Section 145 of the Penal Code and called upon them to make their defence.

Augustine Anthony and co-counsel, Aminuddin Zulkipli

That marked the beginning of another lengthy deliberation in the same court of law that eventuated in the surprise judgment passed on Friday, September 13. The spectre of “Friday the 13th” an American horror movie franchise has come to haunt the unlucky 13 and their legal team led by Ipoh-based lawyer Augustine Anthony and his co-counsel, Aminuddin Zulkipli. The sad part was the session court judge’s decision not to allow a stay of execution pending an appeal.

The 13 accused were hastily moved to Tapah prison where they were incarcerated as prisoners dressed in the signature yellow overalls reserved for hardcore criminals. How these seemingly innocent people, all of whom were first-time offenders, were incarcerated, was beyond comprehension. Was any element of compassion shown? Sadly, there was none. One of the accused is a cancer sufferer while another is a housewife.

The ruling by Session Court Judge Norsalha Hamzah on Friday, September 13 was first reported by bloggers and online news portals. The news spread like wildfire and soon many were calling news agencies for updates. Ipoh Echo was no exception. I called Augustine to get the latest. Since it was a weekend he could not do much to resolve the problem.

On Tuesday, September 17 Augustine and Aminuddin successfully filed their case with a certificate of urgency with the Taiping High Court. Justice Datuk Ahmad Nasfy Yassin arbitrated on Thursday, September 19 allowing a stay of execution under Section 311 of the Criminal Procedure Code.

Bail amount of RM3000 to RM4000 by the session court was maintained. The RM5000 fine imposed by the lower court is to be paid in six instalments, upstaging the session court’s ruling that the fine be paid in full.

“The liberty of the 13 accused is paramount and in view of the foregoing, a stay of execution should be granted notwithstanding the circumstances,” said Ahmad Nasfy Yassin.

Some sensibility has finally prevailed and it takes the good judge to make it happen.

abc
Satu masa dulu, aku nak jumpa Siti Aisyah. Tapi tau saja la dia ni…hari ni Kelantan, Esok Johor… lusa Kedah. Memang susah nak cekup dia. Satu hari tu…aku dapat tau dia akan berceramah di Padang Rengas dan akun start kereta terus pi Padang Rengas dari Ipoh.

Tunggu-tunggu punya tunggu dia tak mai. Aku pun terus tanya kat call dia dan tanya dia kat mana. dia bagi tau dia kat Penang!! Aku bagi tau kat dia, orang tengah dok tunggu dia..tapi dia bagi tau kat aku, dia tak tau apa-apa pun!! Memang ada orang Padang Rengas panggil dia tapi dia tak dapat datang sebab dah ada program kat Penang.

Bila aku tanya kat penganjur macam mana boleh jadi macam tu..selamba saja depa jawab.” bubuh nama Aishah…gerenti ramai orang.” Dah pukul 11, bdepa pun umum…”Minta maaf..Siti aisyah tidak dapat hadir pada malam ini sebab terpaksa menghadiri mensyuarat tergempar di KL.”

Selamba saja depa penaya aku dan jugak orang yang datang ceramah. Dalam masa yang sama, depa jugak penaya penceramah.

Semalam berlaku lagi.

Program solidariti OKZ ini dianjurkan oleh PAS Perak. Banner inipun dikeluarkan oleh PAS Perak.

Semalam berlangsung satu ceramah di Manjung dimana salah seorang penceramah ialah Peguam OKZ, Augustine Anthony. Bukan Anthony Agustine!!

Macam mana PAS Perak boleh tulis nama peguam pun tak betul? 5 tahun dok bela OZ..masih tak kenal sapa peguam ka?

Yang tu pun aku tak berapa kisah..tapi kesilapan nama dan jawatan ni sudah kerap sangat. Yang paling teruk kena ialah Dr. Lee Boon Chye yang selalu disebut Dr. Lim Boon Chai. Ada Pengerusi ceramah yang tak tau pun apa jawatan Dr. Lee dalam PKR..main hentam saja.

Yang aku kisah ialah ada ka PAS Perak menghubungi Augustine sebelum publish nama dia?

Petang semalam aku call Augustine sebab ingatkan nak tumpang kereta dia pi Manjung…tapi Augustine sendiri terkejut dan tak tau apa-apa. Tak ada sapa pun yang call dia dari PAS untuk bagi ceramah!!

Macam mana hangpa boleh punblish nama orang sedangkan orang yang hangpa sebut tu tak tau apa-apa pun? Ataupun memang kerja hangpa penaya orang?

Tup-tup…orang yang tak ada dalam senarai yang bagi ceramah..Ngeh Koo Ham.

Dalam ceramah tu, Ngeh bagi tau..dia ada bagi 10k kepada peguam.

Well..hari tu aku ada kata kalau betul Ngeh guna duit dia sendiri sebanyak 10k untuk bantu OKZ..aku akan cium tangan dia dan mintak maaf. Kalau tak betul, aku akan cakap…lancau.

Walaupun Ngeh dah umumkan dia ada bagi 10k kepada OKZ…aku tetap cakap..lancau.

Buktinya? Nanti dulu..he..he..he. Nanti aku balik rumah dulu.

Malaysiakini
Court grants stay on jail term for 13 Perak protesters
11:50AM Sep 19, 2013

The High Court sitting in Taiping has granted a stay on the two-year jail sentence meted out to 13 people for protesting against Zambry Abdul Kadir’s appointment as Perak menteri besar four years ago.

Follow · 2 hours ago via mobile
  • Ai Luan likes this.
  • Ai Luan well done Augustine Anthony n his comrade for their great effort in obtaining release on bail for all the 13 freedom fighters pending appeal against their conviction !

aaa

MasyaAllah. Gambar yang membayangkan perasaan mereka yang terbabit dalam kes ini. 13 orang ditangkap didakwa dibicara akhirnya dihukum penjara mandatori 2 tahun serta merta dan denda RM5000.Mereka dipenjarakan dari Jumaat 13hb hingga hari ini 19hb.Kebebasan mereka dirampas.Hari ini Hakim Mahkamah Tinggi Taiping membebaskan mereka dengan alasan kebebasan mereka tidak boleh dirampas.Bergambar bersama barisan peguambela yang hebat. Augustine Anthony dan Hj Aminuddin yang membawa kes ini sejak Februari 2009 dibantu hari ini oleh Hj Asmuni dan Hanipa Maidin dan seorang lagi peguam.Terima kasih!

Tuesday, 24 September 2013
5.45pm

about an hour ago
Sebelum 13 september 2013, aku tak rasa 13 OKZ itu merbahaya. Kalau tengok kat Abah Anas Ar Rembawi, Cikgu Khairul, Mail, Jai…elehhhh… semua boleh main-main punya.Tapi bila depa dibawa ke Maahkamah Taiping, siap diiring dengan anggota bersenjata sampai kedalam mahkamah….aku mula seriau.Sekarang Abah Anas dah tak bekerja pulak…Woooo…Abah Anas kena jadi Taiko Geng 13. Cari lebih ramai member-member.Aku sanggup masuk ahli…tapi tak minum darah la.

a

Published on Sep 13, 2013

Friday the 13th. 13th September 2013. 13 hero yang menentang rampasan kuasa Perak dipenjara.

13 Hero Kuala Kangsar dipenjara

The Thirteen

Bad Latif Mansor, 47, Suhana Abdullah, 49, Meor Safizal Meor Mohamed Amin, 38; Mohd Faiz Mohd Arshad, 26; Zulhaizam Zulkifli, 29 and Isha Riduan Ishak, 59, Adi Hilmee Mohd Nasir, 44; Yusoff Jaafar, 48; Idris Mohd Thaib, 48; Mohamad Nazeer Hameed, 48; Khairul Azmi Hassan Basri, 48; Mohd Hasri Ismail, 48; and Mohamed Ismail SM Abdul Kadir, 47.

The decision was confirmed to Malaysiakini by lawyer Augustine Anthony, who is among the lawyers representing the accused.

Malaysiakini

Court grants stay on jail term for 13 Perak protesters
11:50AM Sep 19, 2013

The High Court sitting in Taiping has granted a stay on the two-year jail sentence meted out to 13 people for protesting against Zambry Abdul Kadir’s appointment as Perak menteri besar four years ago.

They had already started served their jail term for six days after they were found guilty under Section 145 of the Penal Code for illegal assembly near the Ubudiah mosque in Kuala Kangsar.

Judicial commissioner Ahmad Nasfy Yasin also allowed those convicted to pay the RM5,000 fine imposed by the Kuala Kangsar Sessions Court within six months.

Court grants stay on jail term for 13 Perak protesters

Malaysiakini

Lawyers for jailed Perak protesters file bid for stay

Lawyers for the 13 jailed Perak protesters have filed a written application for a stay of their two-years’ jail sentence at the Taiping High Court and the application will be heard on Thursday.

This is after the Kuala Kangsar Sessions Court had on Friday rejected the lawyers’ application for a stay and ordered the 13 who had protested against the appointment of BN’s Zambry Abdul Kadir as the Perak menteri besar in 2009 to serve their jail sentence.

Lawyer Aminuddin Zulkepfli told Malaysiakini that the application was submitted in court late this afternoon.

“The Taiping High Court will hear the application on Thursday,” he said.

He said the grounds for the stay application is that the sentence was excessive and that the clients have the right to have their appeal to be heard before serving the jail sentence, as the superior court may overturn the decision.

Lawyers for jailed Perak protesters file bid for stay

7m

Solidariti buat Abah Anas (Ahli KKI) & 13 OKZ (Orang Kena Zalim). Karya Asma’ Latif

Lawyers4liberty
@lawyers4liberty

@Ambiga_S we will be starting a campaign to free the Kuala Kangsar 13 – all prisoners of conscience @NashitaMN @mbnizar @nsurendrann @changlihkang 2013-09-15

Malaysiakini

Perak protestors decision in BN, not public, interest
1:41PM Sep 14, 2013

Lawyers for Liberty (LFL) has slammed the court’s decision to mete out the harshest punishment on thirteen people who protested in Perak four years ago, calling it a case of mixing public interest with BN’s interest.

LFL’s Eric Paulsen charged that the courts have misused the full force of the law to muzzle and punish dissidents for political views that did not align with BN.

“We call upon the courts to uphold our constitutional rights including freedom of speech, assembly and association, and not make a mockery of the term ‘public interest’ by equating that with the interest of Barisan Nasional,”  LFL’s co-founder Paulsen said in a statement.

The judge’s shocking and unconscionable decision in not allowing stay did not take into account the basic legal principle that the appeal would be made nugatory if the stay was refused,” Paulsen said.

This, he added, is not normal court procedure.

Perak protestors decision in BN, not public, interest

Malaysiakini

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13 who protested against Zambry as Perak MB jailed

Thirteen people, some of them single mothers and cancer patients, who protested the appointment of Zambry Abdul Kadir as the new menteri besar of Perak at the Ubudiah Mosque in Kuala Kangsar four years ago, were today ordered to serve their two years’ jail sentence at Tapah Prison.

This follows the Kuala Kangsar Sessions Court finding them guilty of taking part in an illegal assembly and fining them RM5,000 each. The court also rejected their application for a stay of sentence pending appeal.

The two- year jail term is the maximum penalty accorded for illegal assembly under Section 145 of the Penal Code.

They were found guilty of taking part in an illegal assembly at 3.30pm on Feb 6, 2009, during Zambry’s installation ceremony.

Sessions judge Norsalha Hamzah ordered the sentence to run from today as she refused to grant a stay.

Bernama also reported that the jail sentence was meted out due to public interest and public order and respect for the royal institution

According to lawyer Augustin Anthony, as a result of the court not granting a stay order they will file a formal application at the Taiping High Court on Tuesday at the earliest. Monday is a holiday as it is Malaysia day.

Augustin said the lawyers are upset as the court did not consider granting a stay even though  they had argued that some of the accused are single mothers.

“Some of them are also cancer patients,” he told Malaysiakini, adding that despite such grounds the court refused to grant a stay.

Among the lawyers who represented the accused were Aminuddin Zulkifli and Zamri Ibrahim.

13 who protested against Zambry as Perak MB jailed

13 jailed for protesting against Perak coup

Harakahdaily, 13 September 2013

Sept 13: For demonstrating against the Perak coup in 2009, 13 individuals were jailed this morning after Judge Norsalha Hamzah found them guilty under Section 145 of the Penal Code for participating in the rally dubbed “Ops Bubar” in front of Masjid Ubudiah in Bukit Chandan, Kuala Kangsar on February 6, 2009.

The 13 were among 5,000 Pakaran Rakyat supporters that turned up to protest against the swearing in of Zambry Abdul Kadir as the new Perak Menteri Besar, replacing PAS’ Nizar Jamaluddin following a power grab by BN.

In an immediate reaction, PAS Youth chief Nasrudin Hassan expressed grave disappointment over the verdict and urged defence lawyers to file appeal immediately.

“They are not criminals. Instead, their history was to rise to oppose the undemocratic takeover of Perak government in 2009. They were fighting for rights. But today, their struggle was repaid with fines and jail sentences,” he wrote on Facebook.

13 jailed for protesting against Perak coup

The Sundaily

Illegal gathering: 13 individuals get two years’ jail, RM5,000 fine

KUALA KANGSAR (Sept 13, 2013): Thirteen individuals were sentenced to years’ jail and fined RM5,000 each by the Sessions Court here today after they were found guilty of participating in an illegal gathering in Jalan Istana, Bukit Chandan here four years ago.

Judge Norsalha Hamzah handed down the sentence after finding the defence failed to create a reasonable doubt, while the prosecution managed to prove a prima facie case against all the accused, and after taking into consideration the submissions from both parties.

Earlier, Augustine asked the judge to use her discretion as stipulated under Section 294 of the Criminal Procedure Code by taking into account the fact that this was their first offence.

Deputy public prosecutor Masri Mohd Daud, however, said that appropriate punishment should be given as the case had taken almost five years to be resolved, not to mention the court’s time and expenses.

“What took place that day was a chaos because some people had protested a legal process, causing unpeaceful situation and various damage. Section 145 is more serious as it has the words “…shall be punished…”.

“Therefore, to use Section 294 is a non-issue,” he said.

Illegal gathering: 13 individuals get two years’ jail, RM5,000 fine

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