Army veteran Ali Tinju should have been investigated under Section 505 of the Penal Code rather than the 'outdated' Sedition Act 1948, said Lawyers for Liberty executive director Eric Paulsen.
This is because a charge under the Penal Code provision would require the prosecution to show the court the intent (mens rea) behind the alleged offence, and that the offence had indeed caused public alarm or amounts to public mischief.
In addition, Ali Tinju, whose real name is Mohamad Ali Baharom, would have an opportunity to explain the reason behind his actions in court.
