Lawyers for Liberty executive director Eric Paulsen said Safwan could be acquitted if the bench adopts the new legal interpretation in the landmark ruling of another Court of Appeal panel last month.
Paulsen is hopeful that Safwan’s RM5,000 fine will be quashed and the government’s cross appeal dismissed,” he said.
On Nov 25, in the case of Sri Muda assemblyman Mat Shuhaimi Shafiei who challenged the constitutionality of the Sedition Act in relation to seditious tendency and its penalty, the Court of Appeal bench chaired by Justice Lim Yee Lan said that both intention and the act must be proven to establish a prima facie case in sedition cases.
Paulsen, however, cautioned that the bench in Safwan’s case could opt not to follow the interpretation in Mat Shuhaimi’s case, pointing out that judges in the Court of Appeal are of equal standing, and can reach their own conclusion.
They are not bound to follow the ruling in Mat Shuhaimi’s case, he said.
Safwan’s appeal was heard in July by Justices Mohtaruddin Baki, Zakaria Sam and Prasad Sandosham Abraham.
He is appealing against the High Court’s decision in December last year that upheld his conviction under the Sedition Act.
The government is appealing against the High Court’s decision to impose the RM5,000 fine, and urged the Court of Appeal to reinstate the 10-month prison sentence first imposed by the Sessions Court in 2014.
This would be Safwan and the prosecution’s final appeal in this case.
Safwan is accused of making a seditious speech on May 13, 2013, allegedly inciting the people to topple the government through street protests.
The speech was made a week after the 13th general election, amid nationwide protests that the Barisan Nasional won the poll through unfair means.
Others charged with the similar offence at the Selangor Chinese Assembly Hall were Batu MP Tian Chua, former Batu Berendam MP Tamrin Ghafar, activists Haris Ibrahim, Adam Adli and Hishmuddin Rais.
The Court of Appeal fined Hishamuddin RM5,000 while the Sessions Court sentenced Haris to eight months jail and Tian Chua was fined RM1,800.
Adam’s appeal would be heard in the Court of Appeal next year while Tamrin’s trial has yet to begin.