FEDERAL COURT OVERTURNS APPEALS COURT DECISION ON PROVING INTENT IN SEDITION
Federal Court rules that assemblyman abused court process
THE Federal Court yesterday ordered the trial involving Sri Muda assemblyman Mat Shuhaimi Shafiei, who is charged with allegedly posting seditious material on his blog, to proceed to the Shah Alam Sessions Court.
The five-man bench, led by Chief Judge of Malaya Tan Sri Ahmad Maarop, ruled that there was an abuse of court process by Mat Shuhaimi in mounting his constitutional challenge with regard to Section 3(3) of the Sedition Act 1948.
In allowing the prosecution’s appeal, the panel set aside the appellate court’s Nov 25, 2016 verdict, which held that Section 3(3) of the Sedition Act was invalid as it violated Article 10 (right to freedom of speech and expression) of the Constitution.
“We find the Court of Appeal erred in not holding Enclosure 1 (Mat Shuhaimi’s originating summons) is an abuse of court process. As such, Enclosure 1 should be dismissed without the need to consider the merits of the application,” said Ahmad.
Section 3(3) deals with elements of intention of a person charged with making seditious statements.
The judge then instructed Mat Shuhaimi, 49, to be present at the Shah Alam Sessions Court tomorrow for mention to fix the trial date of his case.
The other panel judges were Tan Sri Ramly Ali, Datuk Balia Yusof Wahi, Tan Sri Aziah Ali and Datuk Prasad Sandosham Abraham.
Ahmad, who delivered the court’s unanimous decision, reinstated the High Court’s dismissal of Mat Shuhaimi’s originating summons that sought to declare Section 3 and 4 of the Sedition Act invalid on grounds that the provisions violated the fundamental liberty of freedom of speech guaranteed by Article 10(1)(a) of the Constitution.
He said since Mat Shuhaimi’s originating summons was an abuse of court process, there was no necessity for the court to consider the third legal question with regard to the constitutionality of Section 3(3) of the act.
He said the Court of Appeal erred in allowing Mat Shuhaimi’s appeal and in considering the merits of his application, which clearly warranted interference by the Federal Court.
He said the Court of Appeal did not consider at all in its judgment on the issue whether Mat Shuhaimi’s originating summons was an abuse of court process.
Mat Shuhaimi is facing a sedition charge for allegedly posting seditious material on his blog at Pusat Khidmat Rakyat in Jalan Anggerik Vanilla, Kota Kemuning, Shah Alam, on Dec 30, 2010.
If found guilty, he faces up to three years’ jail, or up to RM5,000 fine.
On July 17 last year, the prosecution submitted in its appeal that Mat Shuhaimi made a similar challenge to Section 3(3) through a criminal proceeding that was decided and could not raise the same issue again through a civil proceeding.
Lawyer Datuk Seri Gopal Sri Ram, who represented Mat Shuhaimi, said the issue was not raised in the criminal application.
Senior federal counsel Awang Armadajaya Awang Mahmud said the Federal Court’s decision in setting aside the appellate court’s decision meant the law, particularly Section 3(3) of the Sedition Act, was valid. Bernama