KOTA KINABALU: A blogger from Malacca will be tried at the Magistrate’s Court here on July 22-23 for publishing a statement online allegedly with intent to cause fear amongst the public in Sabah.
Yusuf Al Siddique Suratman, 29, claimed trial before magistrate Edward Paul for allegedly posting an image and statement on March 6-7 this year on the blog site, Milo Suam.
The blogpost entitled ‘Maklumat sulit: Pendatang asing bakal cetus huru hara di Sabah?’ (Confidential information: Foreigners to cause chaos in Sabah?) alleged that some 1,400 foreigners will cause chaos in Sabah, with an image of a supposed document from the police.
Yusuf was charged under Section 505 of the Penal Code which is punishable by maximum two years’ imprisonment, liable to a fine, upon conviction.
Senior Federal Counsel Jamil Aripin and DPP Luke Ressa urged the court for a higher bail and for Yusuf’s passport to be surrendered to court.
He said eight witnesses will testify for the prosecution during the trial.
Counsel Erveana Ansari for Yusuf objected the high bail because there was no reason for her client absconding as the alleged offence is minor one.
Erveana added that there is an application made to the Attorney-General Chambers to transfer his case to Kuala Lumpur.
Jamil told court that the accused was charged in Kota Kinabalu because the published blogpost was read in Sabah.
Pending disposal of the case, the court released Yusuf on a RM15,000 bail with one local surety and ordered Yusuf to surrender his international passport to court.
Michael Kaung
YUSUF IS NOT GUILTY UNDER PENAL CODE 505
ReplyDeleteYusuf Al Siddique Suratman,29,claimed trial before magistrate Edward Paul for allegedly posting an image and statement on March 6-7 this year on the blog site, Milo Suam.
It is noted that the other sender ReJaM© (?) has not been reported in any news papers that this blogger has also been similarly charged.
Yusuf at worse should have been let off with only a warning as he clearly did not commit the crime as charged.
Assuming it is not at issue whether he did or did not publish the article or any issue relating to the authenticity of the "police document" he did make a disclaimer proviso in his last sentence of the article which says:
“Di bawah ini surat yang dimaksudkan. ReJaM© percaya ramai yang telah menerima surat ini dalam bentuk email berantai. Bagaimanapun, kesahihannya masih tidak dapat dipastikan. Barangkali mungkin juga ada pihak tertentu yang cuba mencetuskan kebimbangan kepada orang ramai.”
Roughly translated “ Below is the letter in question. ReJaM@percaya believe many who have received this letter in the form of chain mail. However, its validity is unclear. Presumably there are also certain parties trying to spark concern to the public. ”
S. 505**of the Penal Code provides for an exception to the rule
1. The Penal Code (Incorporating all amendments up to 1 January 2006) says that
“Exception—It does not amount to an offence within the meaning of this section,when the person making, publishing or circulating any such statement,rumour or report has reasonable grounds for believing that such statement,rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid.”
The conclusion to be drawn from Yusuf's blog comments is that he did make a disclaimer saying:
“However, its validity is unclear. Presumably there are also certain parties trying to spark concern to the public”.
This bring the charge against him within the exception to the rule. He clearly had no intention to cause or create any public mischief or concerns.
In fact he was doing his public duty which the Malayan Occupation government had spectacularly failed Sabah by not detecting and preventing the Sulu invasion.
IF HE COULD BE CHARGED UNDER S. 505 PC THEN THE LAW SHOULD BE APPLIED FAIRLY AND UMNO MEMBERS WHO HAVE BEEN MAKING BLOODY RACIAL THREATS AND PUBLICLY WAVING THE KRIS SHOULD ALSO BE CHARGED UNDER SIMILAR LAWS.
FURTHER THE PEOPLE WHO PRODUCED ‘Tanda Putera’ SHOULD ALSO BE CHARGED UNDER S. 505 FOR INTENTION TO INCITE PUBLIC MISCHIEF ETC. PLUS CHARGES UNDER OTHER SECURITY ACTS.
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** Full text of S. 505 STATEMENTS CONDUCING TO PUBLIC MISHIEF
505. Whoever makes, publishes or circulates any statement, rumour or report—
(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Malaysian Armed Forces or any person to whom section 140B refers, to mutiny or otherwise disregard or fail in his duty as such;
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or
(c) with intent to incite or which is likely to incite any class or community of persons to commit any offence against any other class or community of persons,
Shall be punished with imprisonment which may extend to two years or with fine or with both.
Exception—It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report has reasonable Grounds for believing that such statement,rumour or report is true and makes, Publishes or circulates it without any such intent as aforesaid.
yet Mr. Bible Burner walks free
ReplyDeletewhat a joke
Plus Church burners, May 13 Killers....
ReplyDelete