'Can't charge Ibrahim under Penal Code since no intent'

 

Attorney-General Abdul Gani Patail, who has come under fire for not hauling Perkasa president Ibrahim Ali to court over his threat to burn the Bible, today further explained his reason for not doing so under the Penal Code.

Responding to queries on the matter at the recent Judicial and Legal Training Institute (Ilkap) national law conference, he said Ibrahim could not be charged under Section 505 (b) and (c) of the Penal Code because the “intent” element was not qualified.

"Therefore, how could Ibrahim be considered to have a committed a crime in that context?

"It should also be realised that with the ‘intent’ requirement under Section 505, it would be more difficult to prove a case under Section 505 than under the Sedition Act 1948,” he added.

According to Abdul Gani (right), the Perkasa chief explained that his remark was not aimed at creating racial disharmony.

He then quoted Ibrahim as saying, “This is not a statement to cause any religious conflict but to defend the purity of Islam as stated in the laws.”

Reasonable suspicion propogation

Abdul Gani also said Ibrahim (below) was not calling for copies of the Bible to be torched but was urging to “stop the propagation of a religious doctrine or belief among persons professing the religion of Islam”.

“The intention element would not be satisfied for an offence under either Section 505(b) and (c).

“Further, if there were reasonable grounds for believing that there was an attempt to propagate a religious doctrine or belief among persons professing the religion of Islam contrary to Article 11(4) of the Federal Constitution, the action would fall within the exception as well,” he added.  

Section 505 concerned “statements conducing to public mischief”.

Section 505 (b) states: With intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby  any person may be induced to commit an offence against the state or against public tranquility;

Whereas Section 505 (c) states: With intent to incite or which is likely to incite any class or community of persons to commit any offence against any other class or community of persons.

Previously, Abdul Gani also issued a similar explanation as to why Ibrahim could not be charged under the Sedition Act.

He had said that an in-depth examination found that the Perkasa chief had carefully laid out his statement.

Right to defend religion

Abdul Gani also said that each person was entitled to defend his own religion, so long as it was not against the law.

“It is not easy to charge someone in court, without complete facts, information and report.

“It is better if the department takes one case to court and win, rather than bringing 10 cases to court and win only five,” he added.

Last January, a slew of police reports were lodged against Ibrahim for urging Muslims to seize and burn copies of the Bible which contained the word ‘Allah’ or other Arabic and Jawi religious words at a media conference after a Perkasa convention in Penang.