The High Court reversed the acquittal of Bilqis Hijjas who was charged with insulting behaviour for dropping balloons at a function graced by the prime minister and his wife.
Justice Datuk Indera Mohd Sofian Abd Razak ruled that the magistrate had erred in deciding to acquit Bilqis and allowed the government’s appeal against her acquittal.
He ordered Bilqis to enter her defence for the charge of behaving in an insulting manner for releasing balloons, saying the prosecution had proven a prima facie case against her.
“The question is whether throwing balloons is insulting and may cause breach of peace?
The court answers this proactively, where the court finds the act of throwing balloons is insulting and may cause breach of peace,” the judge said.
Datuk Seri Najib Tun Razak and Datin Seri Rosmah Mansor were attending the DiverseCity 2015 Kuala Lumpur International Arts Festival at Pavilion in Bukit Bintang, Kuala Lumpur, at about 3.15pm on Aug 31, 2015.
Bilqis, the daughter of prominent architect Hijjas Kasturi, was accused of dropping seven yellow balloons printed with the words ‘democracy’, ‘free media’ and ‘justice’ from the fifth floor of the shopping mall to the floor where Najib and Rosmah were officiating the opening of the festival.
On Sept 2015, Bilqis was charged at the magistrate’s court for behaving in an insulting manner with the purpose of stirring anger which would likely cause disturbance. The charge, however, did not specify who was alleged to have been insulted.
Bilqis, 38, claimed trial to the charge under Section 14 of the Minor Offences Act 1955 which carries a fine of not more than RM100 upon conviction.
On Jul 1, the magistrate acquitted her of the charge, saying that the prosecution had failed to prove a prima facie case.
The magistrate ruled that the prosecution had failed to prove all three elements of the charge as it was not shown that Bilqis’ actions amounted to insulting behaviour, or that she had intent to provoke or that there was breach of peace.
However, when delivering his judgment today, Sofian said the words ‘democracy’, ‘free media’ and ‘justice’ on the yellow balloons were also used in printed materials during the Bersih 4 rally held on Aug 29 and 30, 2015, basing this on a witness’s previous testimony.
“Wordings were associated with Bersih, in a sense they were against the present administration,” the judge said, when describing the significance of the words in relation to the government.
“In the context of this present case, if the yellow balloons’ release is regarded as something that can threaten the event, the guests-of-honour have to be shifted and the event cancelled. That possibility cannot be refuted,” the judge said.
Bilqis’ lawyer Eric Paulsen pointed out in court today that the balloons fell behind a “gigantic” LCD screen that was placed behind a stage and repeatedly stressed that no one had noticed the balloons except for the security personnel, and that the event was not interrupted.
“If the act had been more severe, for example, hundreds of balloons or balloons containing water or corrosive materials, there will be breach of peace. But usually, a few balloons at a mall where a festival is going on cannot amount to breach of peace,” Paulsen said.
He also said that the release of balloons cannot be considered as insulting behaviour as they were not aimed at anyone.
Paulsen added that the yellow balloons were only of the same colour associated with the Bersih 4 rally and did not actually carry the word ‘Bersih’.
The prosecution was represented by deputy public prosecutor Nabilah Ahmad Po’ad, who said the event organiser had testified to being angry after being told of the balloon-dropping incident, and a witness had testified that the yellow balloons were related to the Bersih 4 rally which purportedly used the same slogans of ‘democracy’, ‘free media’ and ‘justice’.
“As we all know, this rally is by a group that opposed the prime minister that was the guest-of-honour at the event. If this (balloon-dropping) was realised by the prime minister, I believe a breach of peace may happen,” Nabilah said.
After the High Court’s decision today, Bilqis’s case was sent back to the magistrate’s court which fixed the case to be mentioned on Oct 16.
Met by reporters after the decision, Paulsen said his client would give evidence under oath when trial resumes.
“We are disappointed with the outcome but nevertheless will put our defence to contest the charge,” Paulsen said.