THE Sarawakian youth sentenced to 10 years’ jail and fined RM50,000 for insulting Prophet Muhammad on Facebook today saw his term reduced to six years.
The Kuching High Court ruled that the fine amount stays, and Alister Cogia will have to serve an additional six years’ jail if he fails to pay up.
Judge Azahari Kamal Ramli, when allowing the application for a revised sentence, said the sessions court, which handed down the 10-year jail term in March, had been “misdirected” on Cogia’s sentencing.
Cogia, of Kg Segong in Singai, Bau, had pleaded guilty to five charges over a series of Facebook posts he published in February.
The 22-year-old, whose mother said has mental health issues, had been unrepresented.
The sessions court sentenced him to the minimum of two years’ jail on each charge, and ordered the sentences to run consecutively.
Cogia, who made the posts under the “Ayea Yea” account, was charged with causing disunity on the grounds of religion under the Penal Code, and making offensive statements online under the Communications and Multimedia Act 1998.
Allowing a partial revision of the sentence, Azahari Kamal said the sessions court judge did not take into consideration the time each offence was committed.
Three offences were committed within minutes of each other, and the other two on different days.
Cogia’s lawyers, Francis Teron and Desmond Kho, failed to get a further revision of their client’s sentence on the grounds of his mental state.
They argued that Cogia may be suffering psychiatric problems, having displayed “suspicious behaviour” in the past, and as such, there is room for doubt on whether he truly understands the gravity of the charges against him and the significance of entering a guilty plea.
Azahari Kamal, however, said he will go with a psychiatric report that stated Cogia’s mental health as “normal”, making him fit to stand trial.
The report also recommended that he undergo psychotherapy treatment for anger management and to “improve his social adjustment function”.
Cogia underwent a psychiatric evaluation at Sentosa Hospital after the high court ordered it on March 13. – September 13, 2019.
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