The High Court sitting in Taiping has granted a stay on the two-year jail sentence meted out to 13 people for protesting against Zambry Abdul Kadir’s appointment as Perak menteri besar four years ago.

They had already started served their jail term for six days after they were found guilty under Section 145 of the Penal Code for illegal assembly near the Ubudiah mosque in Kuala Kangsar.

Judicial commissioner Ahmad Nasfy Yasin also allowed those convicted to pay the RM5,000 fine imposed by the Kuala Kangsar Sessions Court within six months.

perak bn takeover protest mosque tear gas attack incident kuala kangsar rally 060209 31 The decision was confirmed to Malaysiakini by lawyer Augustin Anthony, who is among the lawyers representing the accused.

Those jailed are Bad Latif Mansor, 47, Suhana Abdullah, 49, Meor Safizal Meor Mohamed Amin, 38; Mohd Faiz Mohd Arshad, 26; Zulhaizam Zulkifli, 29 and Isha Riduan Ishak, 59, Adi Hilmee Mohd Nasir, 44; Yusoff Jaafar, 48; Idris Mohd Thaib, 48; Mohamad Nazeer Hameed, 48; Khairul Azmi Hassan Basri, 48; Mohd Hasri Ismail, 48; and Mohamed Ismail SM Abdul Kadir, 47.

They were found guilty of taking part in an illegal assembly at 3.30pm on Feb 6, 2009, during Zambry’s swearing-in ceremony.

perak bn takeover protest mosque tear gas attack incident kuala kangsar rally 060209 29 It was reported that the Kuala Kangsar sessions judge Norsalha Hamzah had refused to grant an oral application for a stay of sentence after she found them guilty and sentenced them.

The lawyers representing them had argued that the 13 included a single mother, a thyroid cancer patient and a heart patient.

They made a written application for stay before the Taiping High Court on Tuesday and the matter was heard today.

The grounds for the stay application are that the sentence was excessive and that the clients have the right to have their appeal  heard before serving the jail sentence, as the superior court may overturn the decision.