Published: Monday June 21, 2010 MYT 7:15:00 PM
Man acquitted of posting offensive remarks about Perak Sultan
By YUEN MEIKENG
KUALA LUMPUR: A self-employed factory owner was acquitted and discharged from three counts of posting offensive remarks about the Sultan of Perak on the Perak state government’s official website last year.
Muslim Ahmad, 55, walked out a free man after Sessions Court judge S.M. Komathy Suppiah ruled that the prosecution could not prove a prima facie case against him.
Lawyer K. Periasamy, who represented Muslim, said it was believed that this was the first time a court ruling has been made over a case charged under the Communications and Multimedia Act 1998.
Muslim was among six charged in courts nationwide for similar offences.
In her ruling, Komathy said the prosecution failed to prove that the time of the Internet connection concurred with the time the comments were posted.
She also ruled that although Muslim was a suspect in the case as the comments were made from his Internet account, it was common knowledge that more than one person could use a single account.
Muslim was also represented by lawyer N. Nathan while deputy public prosecutor Azlina Rasdi appeared for the prosecution.
On March 13 last year, Muslim claimed trial for allegedly leaving offensive remarks on the Sultan online.
Muslim was alleged to have posted an offensive comment on www.perak.gov.my at 2.21pm on Feb 7, 2009 with the intention of hurting people’s feelings.
He was also charged with two similar offences at 2.27pm on the same day and at 4.39pm on Feb 8, 2009 respectively.
All three offences were allegedly committed at 1, Jalan 5/26, Taman Sri Rampai, Setapak.
Muslim was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 which is punishable under Section 233(3) of the same Act.
Upon conviction, an offender under this provision can be fined up to RM50,000 or sentenced up to one year’s jail or both.
Those guilty will also be liable to a further fine of RM1,000 for every day during which the offence is continued after conviction.
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