Malaysians Take To Twitter To Ask Najib If He Is Scared Of Yellow Balloons
"They are very harmless and fun. Never insulting."
Court frees 'yellow balloon' girl because no one had been insulted
In what can be termed as a major victory for the freedom of expression in the country, Magistrate Muhamad Faizal Ismail today, 1 July 2016, acquitted dancer Bilqis Hijjas of insulting behaviour for her act of dropping yellow balloons during an official event attended by PM Najib Razak and his wife in a mall in August last year.
According to a report in The Malay Mail Online, Magistrate Muhamad Faizal Ismail said the prosecution failed to prove a prima facie case against Bilqis, ruling that it had not shown that her action with the balloons amounted to “insulting behaviour”.
Ismail pointed out that the definition in the dictionary by Malaysia's leading Malay-language authority Dewan Bahasa dan Pustaka requires an alleged “insult” to be aimed or felt by a person, adding that no one had been insulted by Bilqis's actions.
“This court finds that an insulting action has to be referred to someone who felt they were insulted,” the magistrate said when delivering his decision at the end of the prosecution's case.
The magistrate also found that the prosecution had failed to prove that Bilqis had “intent to provoke” anger, noting that two security personnel had apprehended her without having to use any force.
The prosecution also failed to prove the final element of the charge, as it was shown that there was no “breach of peace” caused by Bilqis's actions, the magistrate said.
'Balloon girl' will be charged in court today for her "insulting behaviour"
Dancer/performer Bilqis Hijjas will be charged tomorrow for allegedly dropping yellow balloons during an event at a shopping mall in Kuala Lumpur attended by Prime Minister Najib Abdul Razak and his wife Rosmah Mansor.
Her legal team said Bilqis will be charged at the Kuala Lumpur Magistrate's Court tomorrow under Section 14 of the Minor Offences Act 1955 for “insulting behaviour” with intent to provoke breach of peace. If found guilty, she can be fined up to RM100.
In a statement, electoral watchdog Bersih 2.0 condemned Bilqis' prosecution, calling it a punishment for a "ridiculous 'crime'". Chairperson Maria Chin Abdullah is also set to appear in court tomorrow as a show of solidarity for Bilqis.
“Bersih 2.0 is aware that this brave woman has maintained that she is not guilty as according to a posting she made on Facebook ‘dropping balloons is not a crime’.
therakyatpost.com“Bersih 2.0 condemns the prosecution of Bilqis as punishment of a young woman for a ridiculous offence, while the real culprits who steal the country’s wealth are let free without any risk of legal action,” Bersih 2.0, which organised the Bersih 4 rally in Kuala Lumpur on August 29 and 30, said.
themalaysianinsider.com31 AUG: During an event attended by PM Najib and his wife Rosmah, 7 yellow balloons — decorated with the words "Free media", "Democracy" and "Justice", among others — were dropped from the upper floors of the Pavillion shopping mall in Bukti Bintang
Yellow is the official colour of the Bersih 4.0 rally, which, among others, called for Najib's resignation as the current Prime Minister for his handling of the scandal-ridden 1MDB case and for receiving an alleged "donation" of RM2.6 billion in his private bank accounts.
According to Anne Muhammad's report in Malaysiakini:
Najib was on the ground floor at the centre court of the shopping mall to officiate at the DiverseCity Kuala Lumpur International Arts Festival.
When the balloons were launched, many people in the mall took notice and pointed into the air. Eventually, the balloons landed behind a stage and were destroyed by security personnel.
Najib and Rosmah did not react to the incident.
Prior to the incident, Najib and Rosmah were admiring artworks. Neither gave a speech during the event and left an hour later.
After the yellow balloons were dropped, the upscale mall's auxiliary police detained a 35-year-old performance artist, Bilqis Hijjas, who was later handed over to the Dang Wangi police for further action
The performance artist who released seven yellow balloons at an event attended by Prime Minister Najib was then questioned for insulting the Premier.
Bilqis Hijjas was detained and questioned by police at the Dang Wangi district police headquarters, under Section 504 of the Penal Code for intentional insult with intent to provoke a breach of the peace or another offence.
Those found guilty can be jailed for up to two years or fined or both.
According to The Star, police are still investigating the motive behind Bilqis's action, claiming that it's "too early to reveal anything"
Lawyer Michelle Yesudas who represented the 35-year-old said the case was absurd.
"The case should speak for itself. After the exemplary behaviour of the police yesterday at Bersih, for Bilqis to be treated like a criminal is absurd," she told Malaysiakini.
Meanwhile, Lim Kit Siang has urged Najib to accept in good grace the intentions of Bilqis and have the police drop its investigation on her. The DAP Supremo said persecuting the 35-year-old over her act would leave a bad impression of Malaysia, especially for those attending the 16th International Anti-Corruption Convention.
"Najib should speak up, tell the police to get 'hands-off' Bilqis and show Malaysia and the world that his government is not obsessed or afraid of yellow coloured T-shirts and balloons," he said in a statement today.
"(They might think) words like 'Free Media', 'Democracy' and 'Justice' (personify) all that is most evil, reprehensible and unacceptable in Malaysia," he said referring to the words written on Bilqis’ balloons.
"Malaysia has failed miserably to achieve this second 'strategic challenge' when the Malaysian government sees an enemy behind every bush and tree, and even worse as demonstrated by recent days, obsessed and even afraid of the yellow coloured T-shirts and now balloons!" Lim said.
Over as social media, ordinary Malaysians have taken to Twitter to raise their voice in support of Bilqis and her act, while at the same time ridiculing Najib and the police for their act. For eg:
Since when "democracy" "free media" and "justice" have become dirty words in Malaysia? Why would these words... http://t.co/CIhMDlT4xP
— Nie Ching Teo (@TeoNieChing) September 1, 2015
And this person asked if his act of flying yellow balloons would be considered a threat to national security too?