KUALA LUMPUR: Parti Amanah Negara (PAN) Youth vice-chief Mohd Fakhrulrazi Mohd Mokhtar was sentenced to eight months jail by the Sessions Court today for uttering seditious remarks during the #KitaLawan rally last year.
Judge Shamsudin Abdullah handed down the sentence on the 37-year-old accused after establishing that the defence had failed to raise reasonable doubt in the prosecution's case.
In his judgment, Shamsudin said the court found that the defence's testimony constituted a mere denial and an afterthought.
“After thoroughly considering the words, sentences and the context used in the speech, the court finds that what was uttered by the accused has tendency to cause hatred and disaffection against the government," he said.
However, the judge allowed counsel Ariff Azami Hussien's application for a stay of execution pending appeal.
The lawyer told the court that a notice of appeal will be filed tomorrow.
Fakhrulrazi, better known as Ustaz Fakhrulrazi, was charged on Sept 8, 2015, with sedition in calling for Datuk Seri Anwar Ibrahim's release during the #KitaLawan’ rally, held to give support to the Opposition leader the same year.
He was accused of committing the offence in front of the Sogo shopping complex in Jalan Tuanku Abdul Rahman at 4.30pm on Feb 21, 2015.
The charge, under Section 4(1)(b) of the Sedition Act 1948, provides a maximum fine of RM5,000 or imprisonment of up to three years, or both, if found guilty.
Earlier, in mitigating for leniency, counsel Ariff Azami Hussien said the accused was a first-time offender and deserves a second chance.
“A jail sentence will not be suitable as the accused has six children aged between 13-years-old and 11-months-old and his wife to support. I plead for a RM2,000 fine to be imposed on the accused as it is a reasonable amount with the offence," he said.
Fakhrulrazi's RM1,000 bail was increased to RM5,000 with one surety.
A total of five prosecution witnesses were called to the stand to testify while the accused had testified in his own defence.
Deputy public prosecutor Julia Ibrahim prosecuted.