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Technician acquitted from charges of uploading, and making offensive comment on Prophet Muhammad

13th December, 2019

KOTA KINABALU: A technician walked out a free man when he was discharged and acquitted from two counts of uploading and making offensive comment on the Prophet Muhammad SAW.

Judge Noor Hafizah Mohd Salim discharged Mohd Sharulnizam Stanley Sigan, 28, yesterday when she ruled that the prosecution had failed to establish a prima facie case against the accused.

During the hearing, six witnesses were called to testify at the prosecution stage.

Deputy Public Prosecutor Megat Mahathir Megat Tharih Affendy prosecuted while the accused was represented by counsel PJ Perira.

Mohamad Sharulnizam escaped the charges of uploading and making the offensive comment via the Mobile Legend application under a profile name, BAKAKUK, at 11.48pm on February 26.

The comment was read on February 27 at 1am at Taman Kinarut, Papar.

On the first count, he was accused to have uploaded the comment which was likely to cause religious disharmony between groups of Muslims and non-Muslims.

The alleged offence was framed under Section 298A (1)(a) of the Penal Code, which provides for a jail term of not less than two years and not more than five years.

For the second count, he allegedly made and initiated the transmission of the comment with intent to annoy the public who read it.

This offence was framed under Section 233(1)(a) of the Communications and Multimedia Act 1998 and has a maximum fine of RM50,000 or a jail term of up to a year, or both, on conviction.

The court ordered for the bail to be refunded to the accused.

Meanwhile, Perira who was met outside the courtroom emphasised that his client was innocent as the comment did not come from his (Mohd Sharulnizam) handphone, therefore he was not the one who spread the particular words because he does not even has the Mobile Legend application installed on his phone. –NEDM

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