KUALA LUMPUR – Universiti Malaya (UM) civil engineering graduate Wong Yan Ke, who protested at the university’s convocation in 2019, has been found guilty and fined RM5,000.
Magistrate Illi Marisqa Khalizan, in delivering her decision here at the end of the defence case this morning, said Wong has failed to establish reasonable doubt against the prosecution case.
She found that the court was unable to agree with Wong’s defence, where he testified that there was no other way to express his views apart from protesting during the 59th convocation at the university’s Dewan Tunku Canselor on October 14, 2019.
“There are many other ways to express one’s opinion apart from protesting. The defence cannot be used to justify the accused’s action, and the element of offence under Section 504 of the Penal Code has been successfully proven,” she said.
The magistrate also ordered Wong to serve three months in jail if he failed to pay the RM5,000 fine.
Wong’s lawyer, T. Sashi Devan, when met after today’s proceeding, told reporters that the defence will be filing a notice of appeal at the high court here today.
Earlier, Sashi appealed to the court for a minimal fine instead of jail time on account that the 27-year-old Wong is a first-time offender.
“The university that lodged the incident (to the authorities) had offered Wong to pursue his studies in Masters of Criminal Justice this year, which my client has accepted.
“The accused’s testimony showed that his action did not disturb the peace or order in the university, whether during or after the incident. There are also no reports of injury or property loss made by the university or any other party.
“The individual insulted in this case is not a public figure but instead an influential vice-chancellor, who is a high-ranking civil servant, and this position cannot be left unchecked,” he said.
He added that Wong did not utter vulgar or racist words against Datuk Abdul Rahim Rashid, who was the university’s vice-chancellor at the time of the offence.
“Instead, (the accused) issued a warning in order for the university’s top management to safeguard and maintain racial harmony.”
However, deputy public prosecutor Noor Haslinda Che Seman rebutted Sashi’s submissions by appealing for the magistrate to sentence Wong to a two-year jail term and a fine.
“I believe public importance does not justify behaving rudely in a formal event. I also appeal for the sentencing to be called, to serve as a lesson to the accused.”
Wong made headlines in late 2019 when he was holding up a placard during the university’s graduation, after receiving his scroll on stage. The placard he held contained accusations against Rahim of racism and called for the latter’s resignation.
Wong was charged in February 2020 for intentionally humiliating and provoking Rahim’s anger during the convocation, and his charge was framed under Section 504 of the Penal Code, which carries a maximum of two years of imprisonment, a fine, or both upon conviction. – October 9, 2023