Sedition charge against Sri Muda assemblyman stands
Mat Shuhaimi Shafiei has also been implicated in the sand mining corruption scandal
(Bernama) – The sedition charge against Sri Muda state assemblyman Mat Shuhaimi Shafiei over alleged blog postings stands.
This follows a decision of the Court of Appeal here today to dismiss his appeal to have his sedition charge struck out.
Mat Shuhaimi wanted his sedition charge be struck out as he disputed the constitutionality of Section 4(1)© of the Sedition Act 1948, the provision in which he was being charged.
A three-member panel led by Justice Datuk Abdul Malik Ishak in their unanimous decision ruled that Section 4(1)© was constitutionally enacted by Parliament.
“The section remains a valid enforceable law until today,” said Abdul Malik who presided on the panel with Justices Datuk Azhar Mohamed and Datuk Mohd Zawawi Salleh.
Justice Abdul Malik ordered Mat Shuhaimi, 45, to appear before the Sessions Court in Shah Alam on June 5 which was set for mention of his sedition case.
The panel, however, allowed Mat Shuhaimi’s application to stay the trial at the Sessions Court pending his appeal to the Federal Court against today’s decision.
Justice Abdul Malik had granted the stay order applied by Mat Shuhaimi through his lawyer Edmund Bon and deputy public prosecutor Awang Armadajaya Awang Mahmud did not object to the application.
Mat Shuhaimi, the Parti Keadilan Rakyat assemblyman, was charged in 2011 with posting an allegedly seditious article in his blog, srimuda.blogspot.com on the appointment of Datuk Mohd Khusrin Munawi as the new Selangor State Secretary.
He was accused of committing the offence at Pusat Khidmat Rakyat, Jalan Anggerik Vanilla, Kota Kemuning, Shah Alam on Dec 30, 2010.
Mat Shuhaimi can be jailed up to three years or fined up to RM5,000 if found guilty.
On April 1, 2011, he filed a notice of motion at the High Court in Shah Alam seeking to have his sedition charge struck out on grounds that the Sedition Act was unconstitutional as it conflicted with Article 10 of the Federal Constitution which guaranteed freedom of speech.
On Aug 26, 2011, the High Court in Shah Alam dismissed Mat Shuhaimi’s application to strike out his sedition charge.
He subsequently lodge an appeal to the Court of Appeal.
