The Court of Appeal acquitted social activist Adam Adli Abdul Halim on Thursday of a charge of making an allegedly seditious speech at a public rally in 2013.
A three-man Bench comprising Justices Mohd Zawawi Salleh, Abdul Rahman Sebli and Kamardin Hashim unanimously allowed Adam Adli’s appeal and set aside his conviction for sedition by the Sessions Court and the RM5,000 fine.
Justice Mohd Zawawi, who chaired the Bench, said it was their view that there were many acute misdirections of law, rendering Adam Adli’s conviction unsafe.
He said among the serious misdirections of law was that Adam Adli was ordered to enter his defence under the Sedition Act 1948 for allegedly bringing into hatred or excite disaffection against any ruler or against the government.
Adam, together with more than 20 family members and friends, were present in court on Feb 22. He was represented by lead counsel Datuk Gurdial Singh Nijar during the appeal.
Following proceedings, Adam seemed emotional as he addressed reporters and a number of his supporters outside the courtroom.
“This is a victory for all other victims persecuted under the Sedition Act, those with us and no longer around, may this be a reference to them.
“Also, this is dedicated to my late father, the lawyers who tirelessly stood by from the moment I was arrested, my family and all those who supported me,” he said. Adam’s father passed away last year.
“The decision today proves Malaysians have a right to voice their opinions,” he added.
Adam and fellow student activist at that time Muhammad Safwan Anang were accused of making seditious speeches at the Kuala Lumpur and Selangor Chinese Assembly Hall on May 13, 2013, a week after the 13th general election after the Barisan Nasional was returned to power.
Adam was then found guilty by the sessions court on September 19, 2014, and sentenced to 12 months imprisonment.
His sentence was then substituted with an RM5,000 fine while his conviction upheld by the High Court in February 2016.
A year later, an application to the court of appeal was delayed after a new Court of Appeal bench was constituted following a request by a deputy public prosecutor.
Muhammad Safwan, meanwhile, initially also charged for sedition, was similarly acquitted by the Court of Appeal in December last year.
Adam said he was relieved with the outcome and said the people must not fear speaking out against the injustices perpetrated by the government.
“We should never despair although charged with an offence that is in violation of freedom of speech,” he told reporters.
He thanked activists and other civil society groups for providing moral support and to his team of lawyers for their meticulous preparation to seek his acquittal.
Adam’s lawyer Gurdial Singh Nijar said sedition was a serious charge as it was a step next to treason.
“The police and the public prosecutor must be careful in their action before an accused is charged in court,” he said.
Gurdial said the ruling had taken into consideration that a balance must be struck between freedom of speech and public order.
“The rakyat is entitled to speak out to bring about change and the government cannot institute criminal charges and insulate itself from criticism,” he added.