GEORGE TOWN: A quantity surveyor, who was jailed and fined for flashing obscene gestures at Tuanku Permaisuri Agong Tuanku Hajah Haminah last year, succeeded in his appeal for the penalty to be set aside at the High Court here today.
High Court Judicial Commissioner Wong Teck Meng also ordered Leong Pei Koe's case to be retried before a different magistrate at the Balik Pulau magistrate's court.
Leong, 30, had been jailed 30 days and fined RM6,000 for flashing the middle finger on his right hand at the Raja Permaisuri Agong when her car passed him near the Penang International Airport departure hall.
He was fined a further RM2,000 with showing a different obscene gesture (hitting his clenched left fist on his right palm) at Superintendent Mohamad Fakhrudin Abdul Hamid.
He was accused of committing the acts at 11.50am on Monday at the Penang International Airport.
The offences, under Section 294 (a) of the Penal Code, carries a maximum of three months jail, fine or both.
In allowing Leong's appeal for a revision, and subsequently the prosecution's appeal against the inadequacy of the sentence, Wong noted that while the facts stated the acts of the accused, and that all have been labelled as obscene, the facts did not say why the gestures were obscene.
"It may be offensive, rude, but is it obscene? The facts are not there to show that the acts done by the accused are obscene.
"The prosecution should produce facts to show the meaning of showing the middle finger, as well as hitting his clenched left fist on his right palm.
"How were the gestures shown? Upwards? Downwards? Sideways? These were not shown," Wong said.
Wong further stated that the magistrate then should have rejected the guilty plea, as the facts did not disclose obscene gestures.
Wong, at the end of proceedings yesterday, also ordered Leong's passport to be returned to him.
Counsels R.S.N. Rayer and Ramkarpal Singh appeared for Leong. Deputy Public Prosecutor Lim Cheah Yit prosecuted.