15 Jul HARIS FATHILLAH MOHAMED IBRAHIM V PUBLIC PROSECUTOR [2018] MLJU 1022
High Court, Kuala Lumpur
Parties to the Suit:
Appellant: Haris Fathillah bin Mohamed Ibrahim
Respondent: Public Prosecutor
Case Type: Criminal Appeal
Relevant Provisions: This case centered on the interpretation and application of the Sedition Act 1948 (Act 15), specifically, Section 4(1)(b), Section 3(1) and Section 3(3).
Overview of the Case:
The Appellant, a public speaker, was charged in the Sessions Court with uttering seditious words during a public forum. The speech in question, delivered after the 13th General Election, included calls for people to “go down to the streets and take back Putrajaya.”
The Sessions Court found the Appellant guilty and sentenced him to eight months in jail. Both the Appellant and the Public Prosecutor filed appeals to the High Court—the Appellant against both the conviction and the sentence, and the Public Prosecutor against the leniency of the sentence.
The main issue before the High Court was whether the words uttered by the Appellant had a seditious tendency as defined under the Sedition Act and if the Sessions Court’s decision was correct. Other issues included the admissibility of video recordings as evidence and the relevance of the accused’s intent.
The High Court decided to uphold the conviction against the Appellant. The judge affirmed that the words used in the speech, particularly the phrases urging people to “go down to the streets and take back Putrajaya,” had a seditious tendency because they promoted an attempt to change the government through unlawful means, as opposed to a lawful process.
However, the High Court allowed the Appellant’s appeal against the sentence, setting aside the jail term and replacing it with a fine of RM4,000. While the conviction stood, the decision to remove the custodial sentence was a significant outcome. The case reinforces the legal principle that in sedition cases, the intent of the speaker is immaterial if the words themselves are found to have a seditious tendency.