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Thursday, February 22, 2018

Activist Adam Adli freed of sedition charge



A three-member Court of Appeal bench today acquitted youth activist Adam Adli Abdul Halim of sedition.
Justice Mohd Zawawi Mohd Salleh who headed the panel said there were numerous misdirections by the Sessions Court requiring appellate intervention.
"The decision to convict is unsafe. Hence the decision by the High Court and Sessions Court is untenable. The court sets aside the decision by the High Court," he said.
Besides Justice Zawawi, the other judges were Justice Abdul Rahmad Sebli and Justice Kamardin Hashim.
Adam was originally sentenced to 12 months jail at the Kuala Lumpur Sessions Court. However, on appeal to the High Court, this was reverted to a fine of RM5,000.
The prosecution had appealed the High Court sentence while Adam cross-appealed the conviction. Today's decision cannot be appealed as the case originated in the Sessions Court.
Adam was found guilty by the Sessions Court of giving a seditious speech at a rally in the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharajalela, Dang Wangi between 8.55pm and 11.15pm on May 13, 2013, a week after the 13th general election.
Commenting on the decision, Adam said he dedicated the victory to all those who had been charged under the Sedition Act and also to his father, who has since passed away but who was always supportive of him during the trial.

Adam, a former student activist who is now married with a two-month-old baby, was in court with his wife and mother Halijah Hashim.
He added that the people, especially students, should voice up in the face of injustice.
"We should not keep quiet and if we are charged, do not easily plead guilty but fight on," he said.
He also thanked his team of lawyers led by Gurdial Singh Nijhar whom he said had worked tirelessly.
'Strike a balance'
Gurdial said today's decision was important as sedition was regarded as one step away from committing treason.
"The Attorney-General's Chambers should be careful in charging a person as they must strike the right balance. Speeches regarding making a change cannot be regarded as a criminal act."
"We are happy with the outcome," he said.
During submissions, Gurdial questioned how could a call by Adam to march on the streets five years ago be regarded as seditious when in making his call he called on the people to wear tracksuits and proper sports attire.
"It is not a calling to arms," he said, adding that the country had seen many peaceful rallies.
DPP Faizah Mohd Ismail said the decision to convict was right taking into account all factors of Adam's speech.

-Mkini

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