KUALA LUMPUR, Feb 27 — A senior citizen pleaded not guilty in the Sessions Court here today to two counts of uploading a caricature and transmitting offensive communications that allegedly insulted Prophet Muhammad and his wife, Saidatina Aisyah, on his Facebook.
Wai Foo Sing, 68, was charged with with uploading the posting on his Facebook account, with the profile name “Foo Sing Wai” where the action could cause disharmony, disunity or feelings of enmity, hatred and ill-will on grounds of religion among the people of different religions in the country.
The offence was allegedly committed at 5pm last February 17, and was read at noon on Feb 18, at the Cyber Crime and Multimedia Investigation Division, Commercial Crime Investigation Department, Bukit Aman police headquarters, 27th floor, Menara KPJ, Wangsa Maju.
He was charged under Section 298A(1)(a) of the Penal Code and faced an imprisonment for up to five years, if found guilty.
On the second count, Wai was charged with transmitting offensive communication with intent to annoy others through his Facebook account at the same place, time and date.
The charge, under Section 233 (1) (a) of the Communications and Multimedia Act 1998, provides a maximum fine of RM50,000 or imprisonment for up to a year, or both, and shall also be liable to a further fine of RM1,000 for everyday during which the offence is continued after conviction, if found guilty.
The prosecution, conducted by deputy public prosecutor Muhamad Asyraf Md Kamal, did not offer bail as the offence was non-bailable, but suggested not less than RM30,000 if the court were to allow bail.
The offence is serious and received public attention as it involved religion, he said, adding that if a low bail was to be imposed, it would give a negative perception to the public on the judiciary.
Wai, unrepresented, asked for a low bail as he was not working and had health problems.
Following which, judge M.M Edwin Paramjothy set bail at RM20,000 in one surety for both charges and fixed April 5 for mention. — Bernama