KUALA LUMPUR: There was no intent to “breach the peace” in the eyes of the law, says lawyer Eric Paulsen regarding the action by activist Bilqis Hijjas in tossing and dropping yellow balloons from the fifth floor of a shopping complex during an event attended by the Prime Minister and his wife.

Paulsen, who is Bilqis’s lawyer, said in court on Friday that his client’s action did not satisfy the conditions necessary for a breach of the peace.

He added that an essential element would be acts of violence.

In this case, he said, it was clear that to fulfil the requirements of the offence, there had to be real violence or the threat thereof. “It cannot be fanciful.”

Paulsen argued that a breach of peace, in this case, did not happen and was unlikely to happen. “It was factually impossible.”

However, Deputy Public Prosecutor Mohamad Fadhly Mohd Zamry questioned the timing of the action, noting that it was on the same day as the Bersih 4 rally.

“Why did she choose to throw balloons when the event took place? This action is clearly provocative action,” Mohamad Fadhly said.

Bilqis, a dancer and daughter of prominent architect Hijjas Kasturi, has been charged under section 14 of the Minor Offences Act 1955 and faces a fine of up to RM100 if found guilty.

Earlier, Magistrate Mohd Faizal Ismail deferred his verdict to July 1, saying he needed more time to prepare his judgment as the case was a “rare” one.

“I need time to think before I decide,” he told the courtroom.