Criminal Law

Graphic Designer freed on Charge of uploading False Image of Najib

Date: 11 October 2018; Type: Legal News; Source: Bernama

KUALA LUMPUR, Oct 11 (Bernama) - The Sessions Court here today acquitted and discharged a graphic designer on a charge of uploading on his Instagram account a false image of former prime minister Datuk Seri Najib Tun Razak.

Judge Zamri Bakar made the decision after the prosecution, conducted by deputy public prosecutor Noor Jazilah Mohd Yushaa, informed the court that the Attorney-General’s Chambers had agreed to withdraw the charge against Mohd Fahmi Reza Mohd Zarin, 41, after receiving a letter of representation submitted by his lawyer, Syahredzan Johan.

“The Attorney-General’s Chambers has received the representation sent by Mohd Fahmi Reza. As such, the prosecution has no intention of continuing with the case and request for the charge against the person summoned to be withdrawn under Section 254 of the Criminal Procedure Code and for the person summoned to be discharged not amounting to an acquittal,” said Noor Jazilah during mention of the case today.

Syahredzan, however, asked the court to acquit and discharge his client on the grounds that the prosecution had no intention of pursuing with the case, and the court allowed the application.

Mohd Fahmi Reza has sent two letters of representation, dated last June 12 and 16 to the Attorney-General’s Chambers seeking the Attorney-General to withdraw the charge against here.

On June 6, 2016, Mohd Fahmi Reza had pleaded not guilty to a charge with improper use of network facilities by knowingly uploading an image of the former prime minister on his Instagram, with the profile name “kuasasiswa”, with intention to annoy others on Jan 31, 2016.

The link was read at an address in Bandar Bukit Puchong 2, Puchong, Selangor, at 6 pm on Feb 1, 2016.

Mohd Fahmi Reza was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, which provides an imprisonment for up to two years or maximum fine of RM50,000, if found guilty.

MY Bernama

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