Bilqis Hijjas is going to be hauled back to court for dropping yellow balloons during a 2015 arts event attended by Prime Minister Najib Razak.
Her lawyer Latheefa Koya said her client, who was acquitted two months ago, was just served a notice that the prosecution was appealing against decision by the Kuala Lumpur magistrates’ court.
The appeal will be heard by the Kuala Lumpur High Court.
Bilqis was accused of dropping the balloons from the fifth floor of the Pavilion shopping mall in Bukit Bintang at 3.15pm on August 31, 2015, while Najib and wife Rosmah Mansor were attending an arts event on the ground floor.
The balloons carried the words “democracy”, “free media” and “justice”. The incident happened a day after the Bersih 4 rally in the capital.
Bilqis was charged under the Minor Offences Act 1955 for behaving in an insulting manner with the purpose of stirring anger that would likely cause a disturbance. The offence carries a maximum fine of RM100?????
Bilqis was first acquitted in July 2016 when the magistrates’ court ruled that the prosecution had failed to prove a prima facie case against her.
In October last year, the Kuala Lumpur High Court reversed the acquittal, sent the case back to the lower court, and she was told to enter her defence.
But in November, the magistrate's court again ruled in Bilqis's favour, clearing her of the charge. Magistrate Muhammad Faizal Ismail said the defence had created doubt over the prosecution’s case.
He said the prosecution witnesses saying that they would be angry at Bilqis for what she did and the balloon incident would cause disruption were "mere assumptions".
He also said the prosecution never challenged Bilqis’ claim that she dropped the balloons only to attract Najib’s attention to uphold constitutional principles.
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