Senior citizen’s conviction
for misusing king’s image
set aside
The High Court, in ordering a retrial, says 66-year-old P Ramasamy made a qualified plea of guilt before a magistrate.
SHAH ALAM: The High Court has set aside the conviction and sentence of a senior citizen for embellishing a vehicle with flags and images of Yang di-Pertuan Agong Sultan Ibrahim during the recent Kuala Kubu Baharu by-election.
Judicial commissioner Wendy Ooi, in allowing a revision application by P Ramasamy, 66, said the accused had made a qualified plea of guilt before a magistrate.
“He had among others uttered ‘I do not know’ and ‘I had no intention’ in pleading guilty to the charge,” she said, adding that Ramasamy did not understand the nature and consequences of the offence.
As such, Ooi said the High Court was setting aside the plea of guilt and sentence.
“This court orders that a retrial be held before a magistrate,” she said in her oral ruling after reading written submissions filed by Ramasamy’s lawyers and the prosecution.
Deputy public prosecutor Ainul Mardiyah Ali appeared for the prosecution while lawyers Pavitra Loganathan and Harsiman Kaur acted for Ramasamy, who was not in court.
The revision application was filed soon after the Kuala Kubu Baharu magistrates’ court, on May 6, sentenced Ramasamy to one month in jail and a RM3,000 fine for the offence. He was also ordered to serve another 10 months in jail if he failed to pay the fine.
The charge was framed under Section 4A(1) of the Election Offences Act 1954 for inciting hostility among different groups of voters.
The offence was committed at Taman Bukit Bunga, Kuala Kubu Baharu, on May 4. Campaigning for the by-election was until May 10.
Ramasamy, who was unrepresented at the magistrates’ court, said he was unaware that using the king’s portrait in an election campaign was an offence.
The accused, who hailed from Tanjung Rambutan, Perak, was driving a four-wheel drive at the time that he allegedly committed the offence.
Meanwhile, Pavitra said Ramasamy was in Kajang prison serving the one-month jail term.
“We are making arrangements for him to be brought to the magistrates’ court as soon as possible,” she told FMT.
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