Akmal files judicial review bid to challenge criminal charge

PETALING JAYA: Umno Youth chief Dr Akmal Saleh has filed an application for leave to commence judicial review proceedings against the attorney-general’s (AG) decision to charge him last August over a Facebook post.

Akmal’s solicitors, Aizat Izuan Shakeel, said the application was filed in the High Court in Penang on Feb 27 while the cause papers were submitted to the Attorney-General’s Chambers on June 9.

In a statement, the law firm said the application will be heard in person in the High Court on June 16.

On Aug 22, 2025, Akmal was charged in the Bukit Mertajam magistrates’ court with making statements likely to cause public fear or alarm in a Facebook video posted on Aug 11 that year. He claimed trial.

The charge under Section 505(b) of the Penal Code is punishable by up to two years in prison, a fine or both, upon conviction.

The video related to the controversy over a hardware store owner seen holding the Jalur Gemilang upside down in a viral video.

Akmal’s solicitors said the Merlimau assemblyman was a victim of selective prosecution and inconsistent treatment, and that this contravened Article 8 of the Federal Constitution which provides for equality before the law.

It added that the AG’s authority to prosecute must be wielded fairly and consistently without discrimination or the perception of political influence.

Akmal is seeking a declaration that his charge was unconstitutional, unreasonable, procedurally improper, selective and malicious.

He also wants a declaration that the AG had no grounds not to prosecute the hardware store owner involved in the Jalur Gemilang controversy as well as Lawyers for Liberty director Zaid Malek and Penang DAP assistant secretary H’ng Mooi Lye, who had also waded into the issue.

He wants the High Court to issue a certiorari order quashing the AG’s decision to file the charge against him.

Akmal, a Melaka executive councillor, also wants a mandamus order to compel the AG to explain his grounds for the charge and for not prosecuting the other three.