KUALA LUMPUR: A man who had been sentenced to a month in jail and fined RM3,000 for misusing a picture of His Majesty Sultan Ibrahim, King of Malaysia during the Kuala Kubu Baharu by-election, has been released today.
This is after a High Court in Shah Alam allowed the judicial review filed by P. Ramasamy to challenge the sentence meted out against him by the Kuala Kubu Baharu magistrate's court earlier this month.
Judicial Commissioner Dr Wendy Ooi Su Ghee also ordered the case to be sent back to the lower court for re-trial.
The court in its ruling said the 66-year-old accused had entered a conditional guilty plea before a magistrate, as he lacked full comprehension of the charges, implications, and consequences involved.
"This was evident from his explanation during the proceedings, where he expressed his lack of awareness regarding the use of the King's image as an offence.
"The case is now remitted to the magistrate's court for further consideration," she said.
Deputy public prosecutor Ainul Mardiyah Mohd Ali prosecuted the case while the accused was represented by L. Pavitra and Harsimranpreet Kaur.
On May 6, Ramasamy pleaded guilty to the offence under Section 4A(1) of the Elections Offences Act 1954 for malicious intent.
The accused, who hailed from Tanjung Rambutan, Perak, was found to have driven a Mazda 4WD vehicle with the registration number AFA 6108 in Taman Bukit Bunga Kuala Kubu Baharu.
The accused was found to have in his possession a Pakatan Harapan (PH) flag, bearing the image of the Yang Di-Pertuan Agong, which had been plastered on the vehicle's sides and back, as well as a banner of the King at the rear.
The vehicle was also adorned with the Jalur Gemilang as well as the Johor and PH flags. The vehicle was stopped in front of the Ulu Yam Lama basketball court.