'Slap offer not an offence if Kok not slapped'
A lawyer representing a group of NGOs that offered a bounty for slapping Seputeh MP Teresa Kok concedes that it would constitute an offence, but only if the offer is taken up.
A lawyer representing a group of NGOs that offered a bounty for slapping Seputeh MP Teresa Kok concedes that it would constitute an offence, but only if the offer is taken up.
However, Mohd Khairul Azam Abdul Aziz asserts that as it stands, the offer remains just an offer and not a threat.
He explained that should someone slap Kok and the reward is paid to the assailant, only then could the person who paid the reward be tried for collusion or conspiracy.
“If it happens, there can be investigation for conspiracy or collusion, but that is a separate issue.
“You (reporters) asked about something hypothetical and has yet to happen, but what we are saying now is that the offer is just an offer, not a threat,” he said when asked after a press conference today.
He was queried what would be the legal implications if someone had actually slapped Kok due to the NGOs’ offer of RM1,200 for the deed and video proof of it being carried out.
Earlier, at the joint press conference by right-wing Malay NGOs, Pertubuhan Permuafakatan Majlis Ayahanda Malaysia (Permas) secretary-general Zulkifly Sharif said the offer was a symbolic gesture and a manifestation of displeasure towards Kok’s 'Onederful Malaysia CNY 2014'
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and other provocations.
However, he maintained the offer still stands and will be jointly paid by the coalition, which include Pertubuhan Kebajikan Insan Bakti Malaysia (Perkib), Majlis Permuafakatan Ummah (Pewaris), and Angkatan Perpaduan Islam Sejagat Malaysia (API), among others.
He also denied allegations that the group, dubbed Council of Islamic NGOs, is acting in an uncivilised or extremist manner.
Meanwhile, Khairul told the same press conference that the offer to reward whomever slaps Kok did not constitute a threat, because the assault would not be carried out by the NGOs themselves.
An ‘invitation to treat’
He also described the offer as an “invitation to treat” - a contractual law term for a non-binding offer expressing willingness to negotiate a deal.
“If it were a threat, the person making the threat would say, ‘I will personally slap you’ and that would constitute a threat.
“But in this case, no direct threat is made by any party. No one step forward to say they want to slap anyone. No one. That is the difference between a threat and a mere offer,” he said.
When asked about the views of other lawyers who have opined that the offer is an offence under Section 503 and 505 of the Penal Code, he dismissed it as a difference of opinion and subject to legal interpretation.
Section 503 of the Penal Code deals with criminal intimidation, whilst Section 505 deals with incitement of violence.
The press conference venue today was also bedecked with news cuttings and photos of acts the group deemed provocative, along with the words, “Who started it? We are not gangsters, you are ‘political devils’ playing politics every day without thinking, without limits, and ultra-racist.”
Among the issues played up in the small exhibition include the use Father Lawrence Andrew’s statement that churches will continue to use the word ‘Allah’, a photograph of a pair of feet placed on a copy of the Quran, and the allegation that Kok had asked for the volume of mosques’ call to prayer (azan) to be lowered.
Kok had previously denied the allegation and former Selangor Menteri Besar Mohamad Khir Toyo has since apologised to her for making the allegation after being sued for defamation.
There were also boxes for McDonald’s iconic Big Mac burger placed on the tables, with a stalk of kangkung in place of the burger and a chilli placed on top of the box. However, there was no explanation of its significance until asked at the end of the press conference.
Pewaris deputy chairperson Rahim Harun said it is made in reference to the fast food chain’s plan to use the vegetable for promotional purposes, which was later shelved and dismissed as a miscommunication.
He said the NGOs felt that it is insulting to national leaders, and such an insult is unnecessary.
“If McDonalds felt that this is a ‘spicy’ insult, then they need to be sensitive to our query whether they are planning to use kangkung to promote their products or to hurt the feelings of our leaders.
“That is why we used the chili. If they did not make any mistakes, they have nothing to fear. If they intended to make fools of our leaders, then they should stop,” he said.
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