KUALA LUMPUR, Dec 22 ― The Attorney-General will be asked to withdraw a sedition case against Parti Sosialis Malaysia (PSM) leader S. Arutchelvan over remarks made on the judiciary and a court ruling, the latter’s lawyer New Sin Yew said today.
New said the letter of representation to the public prosecutor will also ask for the retraction of an alternative charge against Arutchelvan, pointing out that the latter had made the statement on behalf of PSM as its then secretary-general.
“He’s just expressing the party’s view,” he told Malay Mail Online when contacted today.
“It’s because if you start to use the Sedition Act against opposition parties on their political stance or their views against the authorities, you are effectively punishing them for their political views and that would have the effect of stifling dissent and freedom of expression.
“It would prevent meaningful discourse in the public sphere, especially among political parties,” he added when explaining why the request to drop both charges would be made.
New also said the prosecution agreed today to release Arutchelvan’s laptop and phone that were seized during the probe against him for this case.
Arutchelvan’s case will come up again for mention before Kuala Lumpur Sessions Court judge Amernudin Ahmad next January 26.
On November 23, Arutchelvan, now a PSM central committee member, was charged with sedition over his February statement calling the Federal Court’s decision in Datuk Seri Anwar Ibrahim’s second sodomy case a “political judgement”.
He claimed trial to the alleged offence under Section 4(1)(c) of the Sedition Act, which comes with a maximum fine of RM5,000 or a maximum jail term of three years or both for first-time offenders.
Arutchelvan, popularly known as Arul, also claimed trial to an alternative charge under Section 233(1)(a) of the Communications and Multimedia Act 1998 for allegedly posting a statement on Facebook with the intention to injure the feelings of others.
Those convicted under Section 233 face a maximum fine of RM50,000 or a maximum one-year jail term or both, with a further fine of RM1,000 for each day where the offence is continued after conviction.
Both offences were said to have been committed on February 12 at around 12pm at the D5 Legal Investigation Division office at the Kuala Lumpur police headquarters.
On February 19, Arutchelvan was arrested over his comments as PSM secretary-general on the Federal Court’s February 10 verdict that upheld a conviction and five-year imprisonment sentence for PKR de facto leader Anwar on a charge of sodomising former aide Mohd Saiful Bukhari Azlan.
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