23 November 2018
KUALA LUMPUR, Nov 23 — The High Court today acquitted and discharged PKR vice-president Tian Chua of giving a speech of a seditious nature at a ‘ceramah’ (talk) five years ago.
Judge Mohd Nazlan Mohd Ghazali allowed the appeal by Tian Chua, 55, to set aside the conviction and sentence of three months jail and RM1,800 fine imposed by the Sessions Court on Sept 28, 2016.
In his judgment, Mohd Nazlan said a prima facie case had not been proven against Tian Chua because the words he had used were not seditious in nature.
“Tian Chua’s speech was confined to pointing out mistakes in the government and advising the people to respond peacefully and rectify the mistakes.
“Although Tian Chua did not deny that he had made the statement, the overall analysis of the intent and context found that his statement did not refer to the changing of the government,” he said.
Earlier in the proceedings, DPP Muhammad Azmi Mashud informed the court that the prosecution was withdrawing the cross-appeal against the sentence.
Tian Chua, who was represented by lawyer N. Surendran, said to reporters outside the court that he felt relieved that the case has finally ended.
“I think that in the new political environment, it is not appropriate for anyone who expresses himself in criticising the government to be penalised under the Sedition Act.
“The Act is outdated and should be abolished. It should no longer be applied to restrict public opinion under freedom of expression.
“I hope this decision (of the court) will serve as a benchmark. I will continue my struggle as an activist and be vocal as a team with the ruling Pakatan Harapan leaders to realise the people’s dreams,” he said. — Bernama
22 November 2018
28 September 2016
Immediately after sentencing, counsel N. Surendran applied for a stay on execution on the jail sentence, pending appeal which Zulqarnain allowed.
Court finds Tian Chua guilty of sedition
The court ruled the prosecution had proven the charge against the PKR Vice-President beyond reasonable doubt.
KUALA LUMPUR: Batu MP Tian Chua has been found guilty of making seditious remarks in a post-GE13 speech calling on the people to hold rallies “to fight corruption”.
Sessions Court judge Zulqarnian Hassan ruled the prosecution had proven the charge against Tian Chua, also PKR Vice-President, beyond reasonable doubt.
“No doubt his speech had the tendency to incite people to change the legally elected government,” he said.
Zulqarnian said the court was satisfied on the prima facie case.
Chua was charged under Section 4(1)(b) of the Sedition Act on 29 May 2013 for allegedly uttering seditious words. He reportedly urged the people to “stand up and fight against racism and corruption”.
He made the speech at the Kuala Lumpur Chinese Assembly Hall, shortly after the General Election that year.
Hishamudin Rais, Adam Adli, Safwan Anang, Tamrin Ghafar and Haris Ibrahim, other speakers at the event, have also been prosecuted for sedition.