A three-man Court of Appeal bench, chaired by Justice Mohd Zawawi Salleh, in allowing Adam’s appeal, said the conviction was unsafe due to several misdirections in law.
“These misdirections are untenable. We set aside the conviction by the trial judge which was affirmed by the High Court,” Zawawi said of the unanimous decision.
Sitting with him were Justices Abdul Rahman Sebli and Kamardin Hashim.
On Dec 20, 2016, the Court of Appeal also acquitted former student activist Muhammad Safwan Anang of a similar sedition charge, as faced by Adam, for allegedly urging the public to topple the government through street protests.
Zawawi today said Adam was ordered to enter his defence under Section 3 (1) (a) of the Sedition Act 1948 which is to bring into hatred or contempt or to excite disaffection against any Ruler or against any government.
Zawawi said Adam was found guilty of sowing hatred against the administration of justice, against the subjects of the king and to promote feelings of ill will and hostility between different races in Malaysia.
Adam was found guilty by the Sessions Court on Sept 19, 2014 and was sentenced to 12 months’ jail.
The High Court, while upholding Adam’s conviction in February 2016, substituted the jail term with a fine of RM5,000.
The government had cross-appealed to enhance his sentence which could range from a maximum fine of RM5,000 to three years’ jail, or both.
Adam and several others were accused of making seditious speeches at the Kuala Lumpur and Selangor Chinese Assembly Hall on May 13, 2013, a week after the 13th general election after the Barisan Nasional was returned to power.
Adam said he was relieved with today’s outcome and said the people must not fear speaking out against the injustices perpetrated by the government.
“We should never despair although charged with an offence that is in violation of freedom of speech,” he told reporters.
He thanked activists and other civil society groups for providing moral support and to his team of lawyers for their meticulous preparation to seek his acquittal.
Adam’s lawyer Gurdial Singh Nijar said sedition was a serious charge as it was a step next to treason.
“The police and the public prosecutor must be careful in their action before an accused is charged in court,” he said.
Gurdial said today’s ruling had taken into consideration that a balance must be struck between freedom of speech and public order.
“The rakyat is entitled to speak out to bring about change and the government cannot institute criminal charges and insulate itself from criticism,” he added.
Deputy public prosecutors Faizah Mohd Salleh and Mohammad Azmi Mashud appeared for the government.
Gurdial had submitted that Adam must be acquitted as the charge was defective while Faizah said the trial judge was correct in law and fact to find the appellant guilty.
Adam Adli’s sedition appeal deferred as judge recuses himself
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