KUALA LUMPUR, July 21 — The High Court today fixed July 31 to deliver its decision on the prosecution’s appeal against the acquittal of blogger Wan Muhammad Azri Wan Deris, better known as Papagomo, on a sedition charge dating back to 2023.
Judge Nurulhuda Nur’aini Mohamad Nor set the date after hearing submissions from Deputy Public Prosecutor (DPP) Mohamad Mustaffa P. Kunyalam and defence counsel Muhammad Rafique Rashid Ali, representing Wan Muhammad Azri.
Earlier, Mohamad Mustaffa argued that the charge against Wan Muhammad Azri was not defective, despite the first prosecution witness, Hisham Sharudin, who was also the complainant, having withdrawn his police report.
“This court cannot disregard the powers vested in the Attorney General under Article 145(3) of the Federal Constitution and Section 376(1) of the Criminal Procedure Code to decide whether to proceed with the prosecution against the respondent,” he submitted.
Mohamad Mustaffa, who appeared with DPP Deepa Nair Thevaharan, further argued that the prosecution had established through the testimony of its witnesses that Wan Muhammad Azri had uttered seditious words.
In response, Muhammad Rafique contended that the prosecution had failed to prove the essential legal ingredients of the offence or establish that his client’s statement was seditious.
“The Sessions Court reached the correct decision based on the evidence adduced and the applicable legal provisions. There is therefore no basis for this court to interfere with that finding,” he submitted.
On Sept 3 last year, Sessions Court Judge Siti Aminah Ghazali acquitted and discharged Wan Muhammad Azri after ruling that the prosecution had failed to establish a prima facie case at the end of its case.
Wan Muhammad Azri pleaded not guilty on Jan 8, 2024, to a charge of uttering seditious words in a Facebook post alleging that the government was pro-Israel and pro-West.
He was accused of publishing the allegedly seditious remarks on the Facebook page ‘Halid Hamidi (Halid Mat Kool)’, which were allegedly viewed by an individual at a condominium on Jalan Tong Shin, Bukit Bintang, at about 1 pm on Nov 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 for up to three years, or both, upon conviction. — Bernama
