The Magistrate’s Court has discharged businessperson Kum Eng Choon after the prosecutors realised that the case was filed in the wrong court.
Kum's counsel Lim Lip Eng said prosecutors had sought to apply Section 216 of the Malaysia Communications and Multimedia Commission Act 1998.
According to Lim, however, since the law should be applied at the Sessions Court, the charges had to be withdrawn.
"He (the prosecutor) said that he will file the case again another day. So my client was granted a discharge not amounting to an acquittal, and he can claim back his bail money," said the lawyer.
According to the charge sheet, Kum was accused of publishing the words "Kerajaan sekarang p***m**, Najib, Rosmah pergi neraka" (The current government is [explicit], Najib, Rosmah go to hell) online.
Previously, Kum claimed that he did not upload the offending material online, but was instead "tagged" to a Facebook post by someone else.
He was arrested shortly after a photograph bearing his resemblance began making rounds on the internet.
The photograph depicted the person clutching a placard with the words offending words mentioned in the charge sheet.- Mkini
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