Sri Muda assemblyman files review over Federal Court's verdict in sedition case

PUTRAJAYA: Sri Muda assemblyman Mat Shuhaimi Shafiei today filed an application to review the Federal Court's decision which set aside the ruling of the appellate court to strike down a provision in the Sedition Act 1948.
The notice of motion was filed together with his affidavit supporting his application at the Federal Court registry through the law firm of Messrs Daim & Gamany.
In the notice of motion, Mat Shuhaimi was seeking the Federal Court to review and set aside its earlier ruling, and sought for a new Federal Court panel to re-hear his appeal.
On Monday, the Federal Court five-man bench led by Chief Judge of Malaya Tan Sri Ahmad Ma'arop allowed the prosecution's appeal and set aside the appellate court's verdict on Nov 25, 2016 that held Section 3 (3) of the Sedition Act was invalid.
Justice Ahmad who delivered the court's judgment ruled that there was an abuse of court process by Mat Shuhaimi in mounting his constitutional challenge on Section 3 (3) of the Sedition Act 1948.
On Monday, the Federal Court had reinstated the High Court's dismissal of Mat Shuhaimi's originating summons which he sought the court to declare Section 3 and 4 of the Sedition Act as invalid, claiming the provisions violated the fundamental liberty of freedom of speech guaranteed by Article 10 (1) (a) of the Federal Constitution.
He then ordered the trial against Mat Shuhaimi, 49, to proceed in the Shah Alam sessions court.
Section 3 (3) of the Sedition Act deals with element of intention of a person charged with making seditious statements.
Mat Shuhaimi is currently facing a sedition charge for allegedly posting seditious material on his blog at Pusat Khidmat Rakyat (People's Service Centre), Jalan Anggerik Vanilla, Kota Kemuning, Shah Alam on Dec 30, 2010.
If found guilty, Mat Shuhaimi can be jailed for up to three years or fined up to RM5,000.
Mat Shuhaimi's counsel, N. Surendran told reporters that the Federal Court's decision on Jan 8 was in breach of natural justice and ought to be reviewed. — Bernama