Court rejects 4 activists’ appeal to set aside fine

The KL High Court reduces the fine imposed on four social activists for organising and participating in an assembly at an unapproved area three years ago . – The Malaysian Insider file pic, February 18, 2016.The Kuala Lumpur High Court rejected the appeal filed by four social activists to set aside fine of RM5,000 imposed on each of them by the Sessions Court for organising and participating in an assembly at an unapproved area three years ago.

Judicial Commissioner Datuk Dr Sabirin Ja'afar, however, reduced the fine imposed on Koh Jit Huat, 55, Steven Choong, 58, Mohd Salleh Ahmad, 64, and Thomas Fann, 54, to RM1,500 each in default a month's jail.

In his judgment, Sabirin said the court opined that Sessions Court judge Muhammad Jamil Hussin had the advantage of studying the findings of facts during the trial, and hence was able to study the case in a transparent manner.

“I don't find any reason to amend the decision because it was based on the findings and in-depth consideration by the judge at the Sessions Court,” he said.

Sabirin said the court, however, noted that the rally was held in a peaceful manner and that there was no casualty reported.

As such, he said the court agreed to reduce the fine, but it should be a lesson to learn by all the activists.

Today's proceeding was handled by Prosecution Unit chief Saiful Edris Zainuddin, while the four activists were represented by lawyers John Fernandez, Hassan Karim and Jimmy Puah.

On January 15, 2015, Koh, Choong, Mohd Salleh, and Fann, were fined RM5,000 each after being found guilty of organising and participating in the “Bebaskan Adam Adli” (Free Adam Adli) rally at an unapproved area, which was at a petrol station or 50m from the approved area.

They committed the offence at the Esso petrol station, Jalan Tun Abdul Razak here at 9pm on May 21, 2013.

All of them were charged under Section 4(2)(b) of the Peaceful Gathering Act 2012.

They filed the appeal on January 22, 2015. – February 18, 2016.