High Court judge Mohd Sofian Abdul Razak. in allowing the government’s appeal. said it had established a prima facie case.
“The magistrate had erred in acquitting the respondent (Bilqis) without defence called,” he said in his oral judgment.
On July 1 last year, magistrate Muhamad Faizal Ismail said evidence by prosecution witnesses could not prove that Bilqis intended to provoke and stir anger.
Bilqis, the daughter of prominent architect Hijjas Kasturi, was accused of dropping the balloons from the fifth floor of the Pavilion shopping mall in Bukit Bintang on Aug 31 while Najib and Rosmah Mansor were attending the DiverseCity 2015 Kuala Lumpur International Arts Festival on the ground floor.
The balloons contained the words “democracy”, “free media” and “justice”, following the Bersih 4 rally which had taken place a day earlier.
She was charged under the Minor Offences Act 1955 for behaving in an insulting manner with the purpose of stirring anger which would likely cause a disturbance.
The offence carries a fine of not more than RM100 upon conviction.
Lawyer Eric Paulsen said his client would give evidence under oath when trial resumes.
“We are disappointed with the outcome but nevertheless will put our defence to contest the charge,” he said.
Sofian said the balloons fell behind a giant screen where the prime minister, Rosmah, foreign diplomats and shoppers were present when in the midst of witnessing a dance performance.
“It is not in doubt that the words connote contrary to what the present administration has been doing,” he said.
Sofian said security would be tight when VIPs attended such events as anything could happen.
“The release of the balloons could disrupt public peace and it was likely that the event could be cancelled,” he said.
Sofian said her act was also an insult that threatened public order.