Shoe-throwing imam Hoslan Hussain's plea for his one-year jail term for contempt of court to be reduced was dismissed by the Federal Court in Putrajaya today.

The five-member panel presided by the Chief Judge of Sabah and Sarawak Richard Malanjum ruled that the applicant failed to pass the threshold to prove that his case was an exceptional one.

"Since the threshold was not crossed by the applicant, we have no choice but to dismiss the application," Malanjum said in a brief oral judgment.

karpal singh pc penang 180312 The other judges sitting with him were Federal Court judges Abdull Hamid Embong, Ahmad Maarop, Zainun Ali and Sulong Matjeraie.

The 46-year-old imam who hurled his shoes at a three-member panel of Federal Court judges on Feb 22, was represented by prominent lawyer and DAP chairperson Karpal Singh.

Describing the one-year sentence as "manifestly excessive", Karpal applied for a review of the earlier decision of the Federal Court and for the sentence to be reduced to six months, on grounds this was an exceptional case.

'Temper justice with mercy'

Another prominent lawyer, Tommy Thomas, who presented the Bar Council's view on the case, also argued that the apex court should take in account the circumstances surrounding Hoslan's action and temper justice with mercy.

NONE Thomas ( right ) pointed out that since Parliament had passed no law on the punishment for the offence of contempt to be meted out by the High Court and the courts above, it did not mean that the courts had limitless power to pass a sentence.

An adequate reference would be Section 228 of the Penal Code, he said, which provided for a maximum punishment of six months in jail.

According to the 1948 Subordinate Courts Act, sessions and magistrate courts can only impose a maximum punishment of three and six weeks' jail respectively for contempt.

However, there is no restriction on punishments imposed for the High Court and the courts above.

After hearing the decision, Hoslan, clad in orange prisoner clothes and handcuffed, hugged his family members and, in tears, bid farewell to them.

NONE In 2008, the Federal Territory Islamic Affairs Department (MAIWP) ordered the imam to move out of the house he occupied in the compound of the Ar Rahimah Mosque in Pandan, after allegations of disciplinary problems were levelled against him.

Hoslan did not move out and MAIWP applied to the High Court in Kuala Lumpur for an order to evict him, and this was issued on June 16 last year.

Hoslan then appealed to the Court of Appeal, which upheld the High Court decision on Sept 20 last year.

He then appealed to the Federal Court, which heard the matter on Feb 22.

Hoslan, who had no legal representation, was told by the court that his application could not be heard as he had filed the appeal out of time.

Angered that the court would not listen to his plea, he hurled both his shoes at the panel of three judges, comprising Zulkifli Ahmad Makinuddin, Suriyadi Halim Omar and Zaleha Zahari.

No action was immediately taken against Hoslan but the same panel later sentenced him to serve a year in jail for contempt of court.