7 discharged, acquitted of anthem-related charge
KUCHING: Six men and a woman who claimed trial to a charge of disrespecting the national anthem during an event in 2019, were yesterday discharged and acquitted by a magistrates’ court here without being called to enter their defence.
Magistrate Zaiton Anuar made the decision after ruling the prosecution had failed to prove a prima facie case against Leong Shaow Tung, 44, Kon Tai Keong, 38, Bong Sak Sin, 45, Andrew Chong, 34, Phang Ngin Pen, 65, Tan Kok Chiang, 47 and Kui Ping Ping, 47.
Several individuals had been called to testify during the fiveday hearing of the case.
The seven were charged in October last year under Section 8(3) of the National Anthem Act 1968 read together with Section 34 of the Penal Code, for allegedly disrespecting the national anthem in a public place by not standing up.
The Act provides for a fine not exceeding RM100 or imprisonment for a term not exceeding one month.
According to the charge sheet, the accused had refused to stand up when the ‘ Negaraku’ was played during an event at Telang Usan Hotel here at 7.15pm on Sept 27, 2019.
It was previously reported that one of the accused, Leong, said that their refusal to stand up was a ‘silent protest’ to show their dissatisfaction over the then Pakatan Harapan federal government’s unfulfilled promises to Sarawak especially on the promised 20 per cent oil royalty issue.
This was after then Prime Minister Tun Dr Mahathir Mohamad called the 20 per cent oil royalty to Sabah and Sarawak as ‘ really not workable’ despite it being one of the promises in Pakatan Harapan’s election manifesto.
Meanwhile counsel Arthur Lee, representing all the accused, said yesterday that the event mentioned in the case was a private event and that there was no obligation for his clients to stand up when the national anthem was played.
“(But) Make no mistake about it, we still have a duty to respect the national anthem if it is played at the appropriate circumstances with the appropriate lyrics and tune,” he said.
He said his clients were in a situation where there was no legal obligation for them to actually partake in an attempt to play from a YouTube clip what appeared to be the national anthem, but which might not be the actual national anthem.
He said in general, there were at least eight known songs which had the same notes and rhythm as the Negaraku.
The prosecution was led by DPP Nurfadzlin Mahmad Zulhasnan.