UM grad charged over convocation protest
Universiti Malaya (UM) graduate Wong Yan Ke was charged at the Kuala Lumpur Magistrate's Court today concerning his protest against the vice-chancellor during last year's convocation.
The former student activist claimed trial to insulting with intent to provoke breach of the peace under Section 504 of the Penal Code.
He was calm when he pleaded not guilty before magistrate Fardiana Haryanti Ahmad...
Universiti Malaya (UM) graduate Wong Yan Ke was charged at the Kuala Lumpur Magistrate's Court today concerning his protest against the vice-chancellor during last year's convocation.
The former student activist claimed trial to insulting with intent to provoke breach of the peace under Section 504 of the Penal Code.
He was calm when he pleaded not guilty before magistrate Fardiana Haryanti Ahmad Razali.
He was alleged to have committed the offence around 10am at Dewan Tunku Cancelor, UM, Kuala Lumpur on Oct 14 last year.
Wong, 24, was alleged to have intentionally committed a breach of the peace, caused a scandal and angered UM vice-chancellor Abdul Rahim Hashim and other attendees during the fifth session of the 59th convocation ceremony.
DPP Mohd Sophian Zakaria then proposed bail at RM10,000 with one surety, as well as added conditions that the accused needs to report to the nearest police station in a specified time period, among others.
Sophian told the court that the current case is a serious one, where the alleged offence occurred in an official convocation ceremony.
“The offence was (allegedly) committed in the official convocation which involved the happiness of students. Wong himself was a student receiving his degree at that time.
“The case received coverage and became a public sensation. It is a matter of public interest,” Sophian said, adding that the RM10,000 is in line with the alleged offence.
Wong’s counsel Rajsurian Pillai objected to the high bail proposed, countering with an oral application under Section 173(g) of the Criminal Procedure Code for the magistrate on grounds that the charge is groundless.
Rajsurian said this is because the way the charge is worded made it seem like Wong incited the UM vice-chancellor to commit a breach of the peace or even committed a crime.
“Rudeness is not something that is covered under the Section (504 Penal Code) and I believe that (the matter between Wong and UM) was settled by the university last year.
“This is a groundless charge and I urge the magistrate to throw out the charge,” Rajsurian said.
The lawyer then in the alternative, argued that the proposed RM10,000 bail was too high as the offence under Section 504 is merely punishable with maximum 2 years jail or fine or both.
“It is also a compoundable offence and can be offered bail, and (the accused) cannot be arrested without a warrant. Unlike what the DPP said, it is just a misdemeanour,” Rajsurian said.
The lawyer also pointed out that his client was not a flight risk as he (Wong) not only gave his statement to the police at the Brickfields police headquarters but that when the police told him to attend court today at 10am, he arrived earlier than that.
“The DPP did not show that he (Wong) would run away or tamper with evidence or witness. The accused is a civil engineering graduate from UM. I believe he is jobless at the moment.
“We forgot about it (the incident at the UM convocation) until yesterday (when the police informed Wong he needs to come to court today) as we were busy with what is happening at the Parliament,” Rajsurian said.
The lawyer said that Wong has never been arrested before with no criminal record, arguing that there is no need for the additional bail conditions of reporting to the police station proposed by the DPP.
Sophian then conceded that Wong was not a flight risk in relation to the bail application.
In relation to the lawyer’s oral bid for the charge to be dismissed for alleged groundlessness, Sophian countered that the matter needs to be ventilated in full trial through witnesses.
Fardiana then allowed bail at RM3,000 with one surety and set March 26 for mention. Wong posted bail today.
Yesterday, Malaysiakini reported that Wong would be charged over his protest against the vice-chancellor during his convocation last year.
He told Malaysiakini he received a call from the police informing him that he will be charged at the KL Magistrate's Court today.
The charge under Section 504 carries imprisonment for a term of up to two years, a fine or both upon conviction.
When receiving his graduation scroll on stage in October last year, Wong, then an engineering student, yelled “Tolak rasis. Undur VC. Ini Tanah Malaysia. (Reject racists. VC step down. This is Malaysian land.)” while holding up a placard which listed several reasons why VC Abdul Rahim Hashim should resign.
Among the reasons cited by Wong in his protest was that Rahim allegedly promoted racism and hatred, infringed on academic freedom, served as a “political puppet” and failed to solve UM’s financial problems.
Part of his protest, he later claimed, was against Rahim’s alleged “racist” speech during the controversial Malay Dignity Congress on Oct 6.
In his speech, Rahim allegedly claimed the change in government after GE14 had eliminated Malay political dominance and asserted that Malay privileges were being questioned.
Rahim is also alleged to have warned others not to challenge the social contract.
The university condemned the move and lodged a police report, stating while it supported the principle of freedom of expression, the act disrespected the convocation ceremony and tarnished the good name of UM.
