PUTRAJAYA, April 13 — The Court of Appeal today ordered a businessman to enter his defence on two charges of sending offensive communications to the Raja Permaisuri Agong in 2023.
A three-member bench comprising Datuk Azman Abdullah, Datuk Mohd Radzi Abdul Hamid and Datuk Meor Hashimi Abdul Hamid unanimously allowed the prosecution’s appeal, setting aside earlier decisions by the Sessions Court and the High Court, which had acquitted and discharged Sharil Mohd Sarif without calling for his defence.
Delivering the decision, Judge Mohd Radzi said both lower courts had erred in finding that the prosecution failed to prove the element of intent, relying on testimony from a forensic psychiatry consultant who stated that the respondent was not of sound mind and unaware of the consequences of his actions.
The appellate court ruled that the case be remitted to the Sessions Court for Sharil to enter his defence before the same trial judge, with May 15 set for mention.
Judge Mohd Radzi said that since Sharil had raised a defence of insanity, he would be allowed to recall the forensic psychiatry expert to present the same evidence.
On October 16, 2023, the Sessions Court acquitted and discharged Sharil, 43, at the close of the prosecution’s case. The High Court upheld that decision on June 27, 2024, prompting the prosecution to file an appeal.
Sharil is accused of making and initiating the transmission of offensive communications via his Twitter account between 5.28am and 5.30am on March 12, 2023, with the intent to annoy others.
He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, punishable under Section 233(3), which carries a fine of up to RM50,000, imprisonment of up to one year, or both, upon conviction. A further fine of RM1,000 may be imposed for each day the offence continues after conviction.
Sharil has prior convictions for similar offences, having been sentenced in 2019, 2020 and 2021 by the Sessions Court, including a one-year jail term and a RM20,000 fine in 2021.
At the Court of Appeal proceedings, Deputy Public Prosecutor Atiqah Abdul Karim @ Husaini appeared for the prosecution, while lawyer Pang Tek Kit represented the respondent. — Bernama
