Social activist Hishamuddin Rais was spared a jail sentence when the Sessions Court fined him RM5,000 in default six months' jail after finding him guilty of sedition. Sessions judge Azman Mustapha said he agreed with counsel Syahredzan Johan that public interest would not be served by sending the accused to prison. "His action did not influence his audience to demonstrate in the streets. "There was also no act of violence as a result of his utterances," Azman added. The judge said he had also taken into account Hishamuddin's age of 64, and as such a jail term was inappropriate. However, Azman added that the offence was serious because there were uprisings in the Middle Eastern countries, like the Arab Spring incident, which had brought down democratically elected governments. Earlier, Syahredzan, in mitigating for a lighter sentence, said Hishamuddin was a first offender and suggested his client be bound over for good behaviour. "Hishamuddin's statement was not seditious because he only uttered that we cannot change the government through elections," he said. Deputy public prosecutor Lee Way Lon, who pressed for a jail term, said the court must give preference to public interest rather than the welfare of the accused. Syahredzan later said outside the court that he would await instructions from Hishamuddin on appealing against the conviction. Hishamuddin had uttered the words at the Kuala Lumpur Chinese Assembly Hall in Jalan Maharajalela in the capital city on May 13, 2013. He and five others had spoken at the gathering, which was held after the May 5, 2013 general election. Calling the elections results unfair, they had asked people to bring down the federal government. Hishamuddin and the others, including two Pakatan Rakyat politicians, were charged with sedition on May 29, 2013. The others were PKR vice-president Tian Chua, former PAS leader Tamrin Ghafar, Anything But Umno (ABU) activist Haris Ibrahim, Solidariti Mahasiswa Malaysia president Safwan Anang and student activist Adam Adli Abd Halim. They were tried separately. Tian, who is also Batu MP, and Haris are still fighting to strike out the charge on grounds that the offence violated their constitutional right to free speech. Tamrin, 64, was ordered to enter his defence and his case will resume on January 15. Safwan was sentenced to 10 months jail on September 5 while Adam was jailed one year two weeks later. Both are appealing against the conviction and sentence. In an immediate reaction to the court decision, Tian said in a tweet: "Hishamuddin is convicted for sedition today but Prime Minister Datuk Seri Najib Razak is guilty of betraying his promise to the people." Tian said today's verdict would restrain some from speaking their mind because the element of fear had been instilled.