PUTRAJAYA, April 16 — Former Imam Hoslan Husin will have to serve out a full one-year jail sentence for throwing his shoes at a Federal Court bench, the country’s apex court ruled today.
Federal Court judges Tan Sri Panglima Richard Malanjum, Tan Sri Abdull Hamid Embong, Datuk Ahmad Haji Maarop, Datuk Zainun Ali and Datuk Seri Panglima Sulong Matjeraie today unanimously dismissed Hoslan’s application for a review of the one-year jail term.
The judges ruled that Hoslan’s case contained no exceptional circumstance and, therefore, did not “cross the threshold” to warrant a review.
“This is difficult for us, but after having considered (the facts)... it is unanimous that the threshold has not been crossed, since it had not been crossed by the appellant, we have no choice but to dismiss the application accordingly,” said Malanjum to Hoslan, whose hands were cupped in prayer when the decision was read.
Hoslan’s familly members who were present today broke into silent tears, hugging the former imam before leaving the courtroom.
“It’s the end... the court ruled the threshold was not crossed as there were no exceptional circumstances,” Hoslan’s lawyer, Karpal Singh, told reporters here.
The veteran lawyer earlier made a submission for the Federal Court to lower the jail term for his client, and pointed out that there were provisions within the Penal Code that provide for a lesser sentence for such an offence.
“There is obvious injustice if the court does not interfere with that sentence.
“This is a proper case for the courts to exercise powers of review,” Karpal had argued.
Deputy public prosecutor Noorin Badaruddin, in turn, said there were no “exceptional circumstances” in the matter or any “abuse of process” by the apex court.
“It cannot be said the court acted beyond jurisdiction. The court exercised its power judiciously,” she said.
The former imam received a one-year jail term for contempt of court after throwing his shoes at a Federal Court bench presided by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinuddin, as well as Justices Datuk Suriyadi Halim Omar and Datin Paduka Zaleha Zahari on February 22 this year.
The incident occurred after the bench dismissed his application for leave to appeal his eviction from Ar-Rahimah mosque in Kampung Pandan for disciplinary problems.
He has been serving his term at Kajang Prison since March 8.
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