UMNO Youth Chief Muhamad Akmal Saleh has filed a judicial review application to challenge the Attorney General’s decision to charge him over a Facebook post allegedly capable of causing public alarm.
In a statement issued on Friday, law firm Tetuan Aizat Izuan Shakeel, which is representing Akmal, said the application was filed at the High Court in Penang to contest the decision to prosecute him under Section 505(b) of the Penal Code at the Bukit Mertajam Magistrate’s Court.
According to the firm, the application was submitted pursuant to Order 53 of the Rules of Court 2012.
Among the key issues raised are allegations of selective prosecution, inconsistent treatment of individuals in similar circumstances, and whether the prosecution is consistent with the constitutional guarantee of equality before the law under Article 8 of the Federal Constitution.
The firm stressed that the application should not be viewed solely as an attempt to defend its client’s personal interests but also as a broader effort to address concerns surrounding the country’s criminal prosecution system.
“It raises important questions regarding the need for prosecutorial powers to be exercised fairly, consistently and free from any form of discrimination or perception of political influence,” the statement said.
The lawyers further stated that Akmal maintains that freedom of speech, as guaranteed by the Federal Constitution, must be protected within the limits prescribed by law.
They argued that enforcement actions perceived as inconsistent could create the impression that individuals are treated differently based on their political views or affiliations.
“Such perceptions, if left unaddressed, could undermine public confidence in the principles of justice that form the foundation of the nation’s legal system,” the firm added.
The judicial review application was filed on February 27, and the Penang High Court has fixed June 16 for the hearing.
The statement said Akmal would continue to respect the ongoing judicial process and place his trust in the court to determine the issues raised based on the law and the Federal Constitution.
“This application is not merely about one individual, but about the principle that justice must not only be done but must also be seen to be done fairly for all Malaysians without exception,” it said.
On August 22 last year, Akmal, who is also the Merlimau state assemblyman, was charged over a statement allegedly posted on his official Facebook page on August 11 that was said to be capable of causing public fear or alarm.
However, he pleaded not guilty to the charge.
The charge was brought under Section 505(b) of the Penal Code, which carries a maximum penalty of two years’ imprisonment, a fine, or both upon conviction.
