FMT:
Ex-Kapar MP’s conviction for breach of peace set aside
22 Mar 2024, 01:05 PM
High Court grants S Manikavasagam a DNAA, says facts of the case as presented in the lower court did not fit the offence.
High Court grants S Manikavasagam a DNAA, says facts of the case as presented in the lower court did not fit the offence.
PRM vice-president S Manikavasagam with lawyer M Manoharan after he secured a conditional discharge in the Shah Alam High Court this morning.
SHAH ALAM: The High Court here has set aside the conviction of former Kapar MP S Manikavasagam for breach of peace over the alleged use of insulting words on a party colleague in January.
Justice Aslam Zainuddin also granted Manickavasagam a discharge not amounting to an acquittal (DNAA) from a charge under Section 14 of the Minor Offences Act 1955.
The section provides that any person who uses any insulting words with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned, shall be liable to a fine not exceeding RM100.
“The ingredient of causing a breach of the peace was glaringly missing. The conviction recorded against the accused is set aside and he is discharged but not acquitted,” Aslam said in his oral ruling today.
The judge was exercising his revisionary powers under Section 323 of the Criminal Procedure Code, which allows him to call up the records of a lower court to satisfy himself as to the correctness, legality or propriety of any sentence passed.
Aslam said he granted Manickavasagam, the current PRM vice-president, a DNAA as no trial was held, resulting in no evidence being led in court in respect of the charge.
Although Manikavasagam pleaded guilty to the charge, he said, the facts of the case as presented in the lower court did not fit the offence.
“The insulting words should have been made in public to constitute a breach of peace,” he said, adding that was what case law from the UK states.
He said many in Malaysia did not realise this most important ingredient of the offence, and this case was a “good opportunity to clarify the law”.
Manickavasagam was said to have behaved rudely towards former PRM secretary-general Koh Swee Yong on Jan 4 at a house in Subang Jaya by sending an insulting message with intent to incite anger and breach the peace.
He pleaded guilty in the magistrates’ court to the charge on Feb 13.
Magistrate Sasha Diana Sabtu fined Manikavasagam, who was unrepresented, RM100 or three days jail in default.
Today, Aslam ordered that the fine be refunded to Manikavasagam.
Lawyer M Manoharan appeared for Manikavasagam, while deputy public prosecutor Shahrul Ekhsan Hasim represented the prosecution.
Manikavasagam, who is recovering from a stroke, served as MP for Kapar for one term from 2008 to 2013.
He was previously a PKR member but resigned as its Kuala Selangor chief and left the party in April 2018 following the suspension of his membership in August the previous year.
SHAH ALAM: The High Court here has set aside the conviction of former Kapar MP S Manikavasagam for breach of peace over the alleged use of insulting words on a party colleague in January.
Justice Aslam Zainuddin also granted Manickavasagam a discharge not amounting to an acquittal (DNAA) from a charge under Section 14 of the Minor Offences Act 1955.
The section provides that any person who uses any insulting words with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned, shall be liable to a fine not exceeding RM100.
“The ingredient of causing a breach of the peace was glaringly missing. The conviction recorded against the accused is set aside and he is discharged but not acquitted,” Aslam said in his oral ruling today.
The judge was exercising his revisionary powers under Section 323 of the Criminal Procedure Code, which allows him to call up the records of a lower court to satisfy himself as to the correctness, legality or propriety of any sentence passed.
Aslam said he granted Manickavasagam, the current PRM vice-president, a DNAA as no trial was held, resulting in no evidence being led in court in respect of the charge.
Although Manikavasagam pleaded guilty to the charge, he said, the facts of the case as presented in the lower court did not fit the offence.
“The insulting words should have been made in public to constitute a breach of peace,” he said, adding that was what case law from the UK states.
He said many in Malaysia did not realise this most important ingredient of the offence, and this case was a “good opportunity to clarify the law”.
Manickavasagam was said to have behaved rudely towards former PRM secretary-general Koh Swee Yong on Jan 4 at a house in Subang Jaya by sending an insulting message with intent to incite anger and breach the peace.
He pleaded guilty in the magistrates’ court to the charge on Feb 13.
Magistrate Sasha Diana Sabtu fined Manikavasagam, who was unrepresented, RM100 or three days jail in default.
Today, Aslam ordered that the fine be refunded to Manikavasagam.
Lawyer M Manoharan appeared for Manikavasagam, while deputy public prosecutor Shahrul Ekhsan Hasim represented the prosecution.
Manikavasagam, who is recovering from a stroke, served as MP for Kapar for one term from 2008 to 2013.
He was previously a PKR member but resigned as its Kuala Selangor chief and left the party in April 2018 following the suspension of his membership in August the previous year.
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