KUALA LUMPUR: Lawyer Mohd Khairul Azam Abdul Aziz, who was charged with racial incitement over a Facebook posting last year, was acquitted today.
Sessions court judge Edwin Paramjothy Michael Muniandy freed the 43-year-old accused although deputy public prosecutor Azizah Aling had applied for a discharge not amounting to an acquittal.
This would have allowed the prosecution to charge him again with the same offence another day.
It was alleged that he had posted a video, lasting two minutes and 17 seconds, on his Facebook account in which he said there was no mention of Chinese or Indians under the Federal Constitution.
Police officer Mohd Razmil Razak from Bukit Aman, who came across the posting, lodged a report.
Azizah informed the judge today that the prosecution was withdrawing the charge after the Attorney-General’s Chambers considered a representation from the defence led by lawyer A Srimurugan.
However, Srimurugan, who was assisted by K Balaguru, submitted to Paramjothy that the court should grant a discharge amounting to an acquittal based on a Court of Appeal verdict.
“The proper order should be an acquittal where the prosecution has accepted the representation and decided not to proceed with the case,” he said.
The judge then ordered an acquittal and Khairul’s bail amount of RM6,000 be returned.
Khairul was charged under Section 505(c) of the Penal Code with trying to incite hatred among the races. The offence is punishable with a jail term of up to two years or a fine or both. - FMT
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