The Attorney-General’s Chambers (AGC) has appealed against the light sentence meted out to 16 Umno supporters who stormed the Penang state assembly building last year.

The 15 Umno supporters were last month only handed a RM1,500 fine, while another was fined RM1,000 by a Magistrate’s Court over the stunt.

“This office has appealed the sentence meted out on all of the accused,” said the AGC’s prosecution division (operations) deputy head Mohamad Hanafiah Zakaria in an April 3 letter to Penang Chief Minister Lim Guan Eng.

The AGC was responding to a letter by Lim dated March 26 complaining about the decision to charge the 16 with a lesser offence.

Lim had demanded an explanation over why the Umno supporters were charged under Section 447 of the Penal Code instead of Section 448 of the same law.

Section 447 concerns criminal trespass which carries a maximum jail term of three months or a fine up to RM1,000 or both; while Section 448 is specific to house-trespassing which carries a maximum jail term of a year or up to RM2,000 fine or both.

However, the AGC insisted that the lighter charge brought against 16 Umno supporters was based on “facts and law”.

 

“The decision to amend the charge from under Section 448 of the Penal Code to Section 447 of the same law was made by the attorney-general after the defence lawyer for the accused made a representation to this office.

“After taking into account the relevant facts and law, the attorney-general agreed to allow the representation,” said Mohamad Hanafiah.

The AGC’s letter was released to the media by the Penang chief minister’s office today.

Hanafiah said even though the lighter charge was not decided by the courts, its principle is still in line with a plea bargain as outlined in Section 172C of the Criminal Procedure Code.

However, he said the AGC’s power is only to grant a lighter charge, but it has no power on the sentence which is left to the courts.