The investigation process involving a fake quote posting under the guise of Segambut MP Hannah Yeoh is welcomed and she will cooperate fully with the police in relation to the same.
However, Bukit Aman criminal investigation department director Huzir Mohamed should identify the party behind the said posting first as it is elementary that to be liable for an offence under the Sedition Act, 1948, one has to be proven to be the maker of the offensive statement.
In this regard, it is pertinent to note that Hannah had, as early as 11 March 2020, denied that the said Facebook post which was attributed to her, was in fact produced by her.
In such circumstances, investigating Hannah alone over the said post misses the point that she was not responsible for the same as it is obvious in this case, that the said posting was made by a third party with a view to tarnishing her image.
Further, even if it is shown that the said post was shared on Hannah Yeoh’s Facebook page, it was done for the purpose of pointing out that the same was not made by her and was defamatory of her, obviously with a view to its removal, which is clearly not seditious by virtue of section 3(2)(c)(ii) of the Sedition Act.
It must be stressed at once that Hannah has denounced the said Facebook post at the earliest opportunity and cannot be responsible for the same.
18 June, 2020.
Ramkarpal Singh
Member of Parliament for Bukit Gelugor & DAP National Legal Bureau Chairman