Judge Mohd Nazlan Mohd Ghazali said although Tian Chua did not deny uttering the words, a detailed analysis of his statement revealed that he had not propagated a change of government through unlawful means.
“He merely wanted to point out errors and defects in the government administration, which is a defence under the Sedition Act,” the judge said in allowing Tian Chua’s appeal to set aside the conviction by a Sessions Court.
The PKR vice-president had used words such as “bangkit” (rise) and “turun ke jalan” (take to the streets) not long after the 13th general election on May 5, 2013.
Nazlan said the court must also give effect to the right of citizens to assemble peacefully and exercise freedom of speech.
He said following the approach taken by the Indian Supreme Court, it was clear that Tian Chua had propagated a street protest to speak out against corruption and racism by the government.
“This right is in line with Article 10 of the Federal Constitution and the Peaceful Assembly Act 2012,” he added.
He also said that latitude should be given to freedom of speech and expression, failing which frank political discussion and criticism of the government could not be developed.
“Such latitude must be given to the appellant (Tian Chua) since his liberty was at stake,” he said.
Earlier, deputy public prosecutor Mohd Azmi Mashud informed the court that they were not in support of the conviction handed down by the trial court two years ago. He said they were also withdrawing the appeal to enhance Tian Chua’s sentence.
Tian Chua was represented by lawyers N Surendran and Latheefa Koya.
On Sept 28, 2016, Tian Chua was sentenced to three months’ jail and fined RM1,800 after being found guilty of making seditious remarks.
Sessions Court judge Zulqarnain Hassan ruled that the prosecution had proven the charge against Tian Chua beyond reasonable doubt.
Tian Chua was charged under Section 4 (1)(b) of the Sedition Act on May 29, 2013 with uttering seditious words in a speech made at the Kuala Lumpur and Selangor Chinese Assembly Hall.