Wrongly Convicted Database Record

 

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Mat Shuhaimi Shafiei

 

Charge:

"Sedition (includes mockery of authority/king/monarchy, etc)"

Sentence:

Years Imprisoned:

Year Crime:

2011

Year Convicted:

2013

Year Cleared:

2017

U.S. State or Country of Crime:

Malaysia

County or Region of Crime:

City of Crime:

Kuala Lumpur

Result:

Judicially Exonerated

Summary of Case:

"Mat Shuhaimi Shafiei was wrongly convicted of sedition for publishing an online in February 2011 in Shah Alam, Malaysia. Mat Shafiei was convicted following a bench in the Shah Alam Sessions Court. On February 23, 2016 Malaysia's High Court affirmed Shafiei's conviction, rejecting his argument that Section 3 of the Sedition Act read together with Section 4 was in violation or inconsistent with a citizen’s right to freedom of speech and expression. In a precedent setting ruling, on Nov. 25, 2017 the Court of Appeal set-aside Shafiei's conviction and ordered his acquittal on the basis ruled that Section 3(3) of the Sedition Act of 1948, which allows for a conviction once it is proved that the defendant made a seditious statement, was unconstitutional, and that the prosecution must prove intent when filing a charge in a sedition case. The appeals court's ruling transformed sedition under the statute from being a strict liability offense in which the prosecution only to prove an offending statement was made, to one in which the prosecutors had to prove the defendant intended to promote sedition."

Conviction Caused By:

Innocence Proved By:

"In a precedent setting ruling, on Nov. 25, 2017 the Court of Appeal set-aside Shafiei's conviction and ordered his acquittal on the basis ruled that Section 3(3) of the Sedition Act of 1948, which allows for a conviction once it is proved that the defendant made a seditious statement, was unconstitutional, and that the prosecution must prove intent when filing a charge in a sedition case. The appeals court's ruling transformed sedition under the statute from being a strict liability offense in which the prosecution only to prove an offending statement was made, to one in which the prosecutors had to prove the defendant intended to promote sedition."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Court of Appeal rules Section 3(3) of Sedition Act invalid, The Star (Kuala Lumpur, Malaysia), November 26, 2017"

Information Location 1:

https://www.thestar.com.my/news/nation/2016/11/26/intent-must-be-proven-court-of-appeal-rules-section-33-of-sedition-act-invalid/

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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