KUALA LUMPUR, July 31 — The High Court today set aside the sessions court’s acquittal of political influencer Wan Azri Wan Deris, better known as Papagomo, on a sedition charge and directed him to enter his defence.
Justice Nurulhuda Nur’aini Nor delivered the ruling after allowing the prosecution’s appeal against the September 3, 2025 decision that freed Wan Azri without his defence being called, Free Malaysia Today reported.
In her judgment, Nurulhuda said the alleged remarks in a Facebook post were aimed at the government, noting that the word “government” appeared three times and that the posting could incite hatred against it.
She added that the court took judicial notice of Malaysia’s position that the country does not recognise the state of Israel, as stated in the Dewan Rakyat on October 16, 2023.
The judge further observed that the Facebook post had attracted about 50,000 views, which she said could incite hatred and cause public harm.
Nurulhuda also held that the withdrawal of the police report by complainant Hisham Shaharudin did not affect the prosecution since the remarks were directed at the government rather than any individual.
She said investigations and prosecution could not be halted merely because the complainant had retracted the report.
“For all the reasons stated, the court finds that the trial judge had erred in acquitting the accused without calling him to enter defence, and allows the appeal,” she said.
The court fixed August 11 for mention before the same trial judge, Siti Aminah Ghazali, who is now serving at the Klang sessions court.
Wan Azri was also allowed bail of RM7,000.
He had been charged on January 8, 2024, with making the alleged remarks through the Facebook account “Halid Hamidi (Halid Mat Kool)” at about 1pm on November 8, 2023.
The charge was framed under Section 4(1)(b) of the Sedition Act 1948, punishable under Section 4(1) of the same Act, which provides for a fine of up to RM5,000, imprisonment of up to three years, or both, upon conviction.
Rafique Rashid Ali and Nurmustanir Nor represented Wan Azri, while the prosecution team comprised Mustaffa P Kunyalam, Deepa Nair Thevaharan and Nadia Izhar.
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