The ruling came after the High Court allowed the appeal of the prosecution against their acquittal by the magistrates’ court, according to Borneo Post.

Judge Zaleha Rose Pandin held that the prosecution had successfully established a prima facie case against the seven.

On Dec 2 2020, the magistrates’ court acquitted and discharged the seven Sarawak for Sarawakians (S4S) members, aged 33 to 64, after finding that the prosecution had failed to prove a prima facie case.

The S4S members were represented by Arthur Lee while deputy public prosecutor Nurfadzlin Mahmad Zulhasnan prosecuted.

Lee told reporters later the music played from a YouTube video at the private event was not clear and might not be the national anthem.

“It was not played properly and my clients were in a situation where there was no legal obligation for them to stand up,” he said.

“It is not a question of the penalty or fine. It is a matter of my clients’ principles and legal rights.”

The seven – Alex Leong, Kon Tai Keong, Bong Sak Sin, Andrew Chong, Tan Kok Chiang, Pui Ping Ping and Phang Ngin Pen – had pleaded not guilty on Oct 11, 2019 to disrespecting the national anthem.

They were charged under Section 8(3) of the National Anthem Act 1968 and Section 34 of the Penal Code, under which those convicted can be fined RM100 or jailed not more than a month.