KUALA LUMPUR: An activist was fined RM5,000 by the Sessions Court here today for posting inflammatory and disrespectful statements on Facebook about the 16th Yang di-Pertuan Agong, four years ago.
Judge Datuk M. Edwin Paramjothy, who made the ruling against Iswardy Morni, 48, also ordered that the accused serve six months in prison should he fail to settle the fine.
In his judgment, the judge stated that the impugned statements were directed at the 16th Yang di-Pertuan Agong, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah.
“His Majesty’s reign coincided with a period of extraordinary national and global turbulence, most notably marked by the COVID-19 pandemic. This crisis extended beyond public health, creating profound economic and political challenges that tested the resilience of nations worldwide.
“During this demanding chapter in history, His Majesty, working in close consultation with the esteemed Council of Rulers, exhibited resolute and proactive leadership. It is well-documented that His Majesty was instrumental in steering the nation through these formidable trials.
“His Majesty ensured that the machinery of governance remained stable and that the well-being of the rakyat was preserved, exemplifying steadfast dedication to duty amidst adversity. The accused’s impugned statements stand in stark contrast to this reality.
“Far from being indifferent or detached, His Majesty Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah was, in fact, the nation’s last bastion—the steadfast protector of the rakyat’s interests at a time of great uncertainty. His Majesty, whose reign holds a distinguished place in the annals of our nation’s history, exemplified unwavering leadership and remarkable resilience,“ he emphasised.
He then noted that first-time offenders like Iswardy are generally entitled to some degree of mitigation, except in cases where the offence is so severe that minimal concession is warranted.
“The accused has no prior record of similar offences, strengthening the argument for mitigation. There is no evidence to suggest that the accused has engaged in habitual or recurrent misconduct of this nature, which indicates that rehabilitation remains a viable objective in sentencing,” he said.
Deputy public prosecutor Iznina Hanim Hashim appeared for the prosecution, while Iswardy was represented by lawyer Faizal Rahman.
On Oct 4, 2024, the court had ordered Iswardy to enter his defence after the prosecution successfully established a prima facie case against him.
On Dec 30 last year, Judge Edwin ruled that the defence had failed to raise a reasonable doubt in the case against the accused.
Nine prosecution witnesses testified during the trial, which began on Jan 3, 2022, with Iswardy being the sole defence witness.
He was accused of posting an inciting statement on his Facebook page, Iswardy Morni Official, containing words that could potentially insult the Yang di-Pertuan Agong, at the Bukit Aman Commercial Crime Investigation Department at 3 pm on May 29, 2021.
He was charged under Section 4 (1) (a) of the Sedition Act 1948, which carries a fine of up to RM5,000, a maximum three-year imprisonment, or both, upon conviction.
