Sedition charge: Wan Ji released from jail pending appeal
Muslim preacher Wan Ji Wan Hussin succeeded in obtaining a stay of execution on his one-year jail term for insulting a state ruler, pending an appeal.
The High Court judge in Shah Alam, Justice Abdul Halim Aman, today allowed the application by Wan Ji's lawyer Mohd Radzlan Jalaluddin...
Muslim preacher Wan Ji Wan Hussin succeeded in obtaining a stay of execution on his one-year jail term for insulting s state ruler, pending an appeal.
The High Court judge in Shah Alam, Justice Abdul Halim Aman, today allowed the application by Wan Ji's lawyer Mohd Radzlan Jalaluddin and he was released from the Kajang prison at about 4.30pm.
The prosecution was conducted by DPP Mohd Asnawi Abu Hanipah.
Earlier, during proceedings in an open court packed with Wan Ji’s supporters, Justice Abdul Halim asked Radzlan how he knew whether there was merit in his client’s appeal to the appellate court.
Wan Ji is appealing to not only set aside the jail sentence but also his conviction under the Sedition Act 1948.
Justice Abdul Halim: You are confident there is merit (in the appeal to the Court of Appeal)?
Radzlan: Insyaallah.
Mohd Asnawi: The respondent (prosecution) has no objection (to the stay of execution application).
In response to the judge’s question on what terms were issued by the Shah Alam Sessions Court in regard to allowing Wan Ji’s stay of execution application pending the appeal to the High Court, Asnawi replied that an RM5,000 bail was imposed.
Justice Abdul Halim then allowed the stay of execution on the one-year jail term, which raised a hushed cheer among Wan Ji’s supporters in the public gallery.
“I allow the stay of execution on the sentence. The previous terms (by the Sessions Court) will be maintained. However, there is a new term (inserted today) which is that (Wan Ji’s) passport has to be surrendered to the court.
“If he has no passport, then the accused cannot leave (Malaysia) without permission from the court,” Abdul Halim ruled.
Clad in a purple baju Melayu, Wan Ji was then led outside court by policemen, where the bespectacled Muslim preacher smiled and waved to his supporters. He is set to be released later today.
On April 9 last year, the Shah Alam Sessions Court sentenced Wan Ji to a nine-month jail term over the sedition charge. However, it allowed his application for stay of execution on the sentence pending his appeal to the High Court.
The lower court had allowed him to be out on bail of RM5,000 with one surety. Bail was posted by his father Wan Hussin Wan Hassan, 57, who also stood as surety.
Wan Ji, who is married and has five children aged between one and 14, currently works as the academic director at Saudara Socio-Cultural Research Sdn Bhd (Saudara).
A former aide to current Finance Minister Lim Guan Eng, he was charged in 2014 for his Facebook post about the Selangor ruler, Sultan Sharafuddin Idris Shah.
On Tuesday, the High Court in Shah Alam enhanced the nine-month jail term to a year and ordered him to begin his sentence immediately.
An oral application by Radzlan for a stay of execution of the sentence pending an appeal was dismissed, with the judge instructing the defence to file a formal application.
Tuesday’s outcome followed an appeal by the prosecution to enhance the earlier sentence by the lower court.
The charge, under Section 4(1)(c) of the Sedition Act 1948, carries a maximum jail term of three years, as well as a maximum fine of RM5,000.
The one-year enhanced sentence has been criticised by several quarters, including PKR president Anwar Ibrahim, who said it was too harsh and inconsistent with democratic reform.
Critics noted that Pakatan Harapan had, prior to taking over as the government, vowed to repeal the Sedition Act.
Meanwhile, Prime Minister Dr Mahathir Mohamad announced yesterday that the government will repeal the Sedition Act before replacing it with a new law, which is currently being fine-tuned.
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