The magistrate says public interest must prevail, noting the accused’s remarks were akin to ‘pouring fuel on fire’.

While meting out the sentence on 57-year-old clothing trader Mustafa Sulaiman, magistrate Farah Nabihah Dan said public interest must prevail, noting the accused’s remarks were akin to “pouring fuel on fire”.
“The court hopes this sentence will serve as a lesson to the accused. For the first charge, he is fined RM2,000 or two months’ jail in default; for the second, RM4,000 or three months’ jail in default,” she said.
Mustafa was charged with making a statement with the intent to incite others to commit an offence against DBKL officer Shahli Zaini Zulkepli, 32.
The charge under Section 505(b) of the Penal Code carries a maximum sentence of two years’ imprisonment, a fine, or both.
He was also charged with criminal intimidation for sending a WhatsApp message to the same victim, threatening to cause death or injury, under Section 506 of the Penal Code, which carries a maximum sentence of seven years’ imprisonment, or a fine, or both.
Both offences were committed at the DBKL Enforcement Tower, Jalan Yaacob Latif, Bandar Tun Razak, Cheras, at 10.30am on April 7.
Mustafa’s lawyer, Dzafir Firdaus Ahmad Zubairy, pleaded for a minimal fine, citing that his client is the sole breadwinner for his family.
“This is his first offence. The statement was made in a WhatsApp group and did not amount to incitement,” he submitted.
Deputy public prosecutor Amritpreet Kaur Randhawa, however, pressed for a deterrent sentence, arguing that the WhatsApp message clearly contained threats, incitement and elements of intimidation directed at a DBKL enforcement officer in the course of his official duties.
“The accused acted with malicious intent to undermine the reputation of the mayor and to incite harm against DBKL enforcement personnel,” she added. - FMT
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