Judge MM Edwin Paramjothy said first-time offenders like Iswardy Morni, 47, were generally entitled to some degree of mitigation, except in cases where the offence is so severe as to warrant minimal concession.
“In this case, the accused has no prior record of similar offences, strengthening the argument for mitigation,” Paramjothy told the courtroom filled with Iswardy’s supporters.
The judge meted out the maximum fine of RM5,000, or six months’ jail in default.
Iswardy, the central PKR information coordinating secretary and Petra Jaya division chief, paid the fine.
He was convicted on Dec 30 after Paramjothy ruled he had failed to raise a reasonable doubt to the prosecution’s case.
The judge then adjourned proceedings to today to allow both the prosecution and defence to submit on mitigation and sentencing.
First offenders found guilty face a fine of up to RM5,000, three years’ imprisonment, or both.
In October last year, the judge ruled that the prosecution had established a prima facie case after calling nine witnesses.
Iswardy was charged on June 1, 2021 under Section 4(1)(a) of the Sedition Act 1948 for statements made on Facebook deemed to be seditious and insulting towards the former king.
The impugned comments were said to have been contained in a video posted online titled “Total lockdown: apa yang kerajaan gagal belajar dalam setahun” (Total lockdown: what the government failed to learn after one year).
The government at the time was led by Perikatan Nasional, with Muhyiddin Yassin as prime minister.
Iswardy was convicted of committing the offence at the office of the commercial crime investigation department in Wangsa Maju at about 3pm on May 29, 2021.
Paramjothy today said the impugned words uttered by the accused went beyond the bounds of permissible discourse and fell squarely within the ambit of sedition, both in substance and effect.
He said the impugned statements were directed at the then king, whose reign coincided with a period of extraordinary national and global turbulence, marked most notably by the Covid-19 pandemic.
He said the crisis extended beyond public health, creating profound economic and political challenges that tested the resilience of nations worldwide.
“His Majesty, working in close consultation with the Council of Rulers, exhibited resolute and proactive leadership.
“His Majesty ensured that the machinery of governance remained stable and the well-being of the rakyat was preserved, exemplifying steadfast dedication to duty amid adversity,” he added.
The accused’s impugned statements stood in stark contrast to this reality, the judge said.
Paramjothy said he was reminded of what William Shakespeare said in his play, Henry IV, Part II: “Uneasy lies the head that wears a crown.”
“This enduring truth encapsulates the immense burden of duty shouldered by a constitutional monarch – a role that demands unwavering dedication in times of both stability and crisis,” he added.
He said the accused’s statements were not marked by explicitly vile or intemperate language, but that it remained evident their theatrical delivery and the provocative insinuations embedded within them substantially undermined any legitimate concerns the accused might have sought to articulate, however noble those intentions might initially appear.
Paramjothy said every citizen in a democratic society was entitled to freedom of expression but that the respect owed to a sovereign was different in degree from that owed to private individuals.
He said a custodial sentence would be counterproductive to the administration of justice in the circumstances of the case, and would cause undue harm to the accused while failing to advance public interest.
“The court must temper punishment with mercy where there is a genuine prospect for rehabilitation,” he added.
Deputy public prosecutor Iznina Hanim Hashim appeared for the prosecution while lawyers Faizal Rahman and Nik Mohamed Ikhwan Nik Mahamud acted for Iswardy.