KUCHING: The Kuching High Court will decide on September 4 whether to maintain or set aside the sentence meted out on Alister Cogia, 22, in March this year after he pleaded guilty to insulting Islam on Facebook.
Judge Azhahari Kamal Ramli had set the date after hearing submissions from Alister’s lawyers, Francis Teron and Jeffrey Mok, today.
The lawyers said the accused, who was sentenced to 10 years jail and a fine of RM50,000, had pleaded guilty when he did not fully understand the court proceedings due to the language used.
“The charges were read in Bahasa Melayu whereas Alister is a Bidayuh. Why were they not read in the Bidayuh language?” Francis said.
He added that when Alister was sent to Sentosa Hospital for psychiatric observation, the psychiatrist found that he had learning difficulties which indicated that the language which he is more familiar with ought to have been used.
“Looking at this situation, we know that Alister is more comfortable and could understand more if communication was done in the Bidayuh language.”
Alister – who hails from Singai, Bau – also did not understand the nature and consequences of his plea and that the minimum sentence was for a jail term of two years, the lawyer said.
“My client thought that he will be fined and sent home after he pleaded guilty. The court was not aware of this, therefore the sentence should be reviewed,” said Francis.
He also said during the court proceeding, there was nothing on record that the judge had accepted the accused’s plea of guilty, which under the law was strictly required.
Alister had pleaded guilty to five charges under Section 298A (1)(a) of the Penal Code, and five charges under Section 233 of the Multimedia and Communications Act 1998, which deals with the posting of offensive comments and causing disharmony and prejudice on religious grounds.
He was charged with posting the offensive remarks through his Facebook account ‘Ayea Yea’ between February 9 and 24.
The court’s decision attracted criticism from various parties with some seeking a re-examination of the case because Alister was said to be suffering from mental illness.
Hence, the High Court decided to send him to the Sentosa Hospital here for a three-month observation.
The High Court then on June 17 ruled that Alister’s mental health was normal, and he did not suffer from any mental issues.