The High Court in Kuala Lumpur has ordered dance producer Bilqis Hijjas, 38, to enter her defence on the charge of insulting behaviour likely to cause a breach of peace.

The charge is based on an Aug 31, 2015, incident in which Bilqis is accused of dropping three yellow balloons onto a function at the Pavilion Kuala Lumpur shopping centre that was attended by Prime Minister Najib Abdul Razak.

The words “Free media,” “Democracy,” and “Justice” were written on the balloons.

Magistrate Muhamad Faizal Ismail had acquitted her of the charge last year, without calling for her defence.

However, High Court judge Mohd Sofian Abd Razak ruled that the magistrate had erred in his judgement.

Justice Sofian found that Bilqis had thrown the balloons from the fifth floor to the second floor of the mall, where the event was held, and that they landed behind a large screen.

Bilqis’ lawyer Eric Paulsen argued that the balloons were not directed at anyone, and went unnoticed by the audience at the function, save for the mall security and police personnel.

The judge said nonetheless, the manner in which the balloons were thrown showed that they were clearly directed at the guests of the function.

Justice Sofian added that the words on the balloons were also listed in a gazette banning publications and articles from promoting the Bersih 4 rally in 2015, despite noting that the order had since been overturned by the court.

“The court has no doubt that the respondent threw the balloons with the words… for Bersih, which goes against the practices of the present administration,” he said.

The case was prosecuted by the deputy public prosecutor Nabilah Ahmad Po’ad. It has been fixed for mention at the magistrate’s court on Oct 16.

Bilqis has been released on a personal bond.

She had been charged under Section 14 of the Minor Offences Act 1955, which carries a fine of up to RM100 upon conviction.