High Court reverses Papagomo’s sedition acquittal, orders defence

 The sessions court acquitted the influencer in September last year.

Political influencer Wan Azri Wan Deris was charged under the Sedition Act in 2024. (Bernama pic)

KUALA LUMPUR:

The High Court today overturned the sessions court’s acquittal of political influencer Wan Azri Wan Deris on a sedition charge over remarks linking the government to Israel, and ordered him to enter his defence.

Justice Nurulhuda Nur’aini Nor made the ruling after allowing the prosecution’s appeal against Wan Azri, 43, also known as Papagomo, who was acquitted without his defence being called on Sept 3 last year.

The lower court had ruled that the prosecution failed to establish a prima facie case against him.

In her grounds of judgment, Nurulhuda held that the alleged remarks in a Facebook post were directed at the government.

She noted that the word “government” was repeated three times and that the posting could incite hatred against it.

She said the court also took judicial notice of the government’s position, as stated during the Dewan Rakyat sitting on Oct 16, 2023, that Malaysia does not recognise the state of Israel.

She noted that the Facebook posting had garnered about 50,000 views, which could incite hatred and cause public harm.

Nurulhuda also held that the withdrawal of the police report by the complainant, identified as Hisham Shaharudin, did not affect the prosecution as the alleged seditious remarks were directed at the government rather than any individual.

She said the investigation and prosecution could not be halted merely because the complainant had retracted the report.

“For all the reasons stated, the court finds that the trial judge had erred in acquitting the accused without calling him to enter defence, and allows the appeal,” she said.

The court fixed Aug 11 for mention before the same trial judge, Siti Aminah Ghazali, who is now serving at the Klang sessions court. 

Wan Azri was also allowed bail of RM7,000.

On Jan 8, 2024, Wan Azri was charged with making the alleged remarks through the Facebook account “Halid Hamidi (Halid Mat Kool)” at about 1pm on Nov 8, 2023.

He was charged under Section 4(1)(b) of the Sedition Act 1948, punishable under Section 4(1) of the same Act, which provides for a fine of up to RM5,000, imprisonment of up to three years, or both, upon conviction.

Rafique Rashid Ali and Nurmustanir Nor represented Wan Azri, while the prosecution team comprised Mustaffa P Kunyalam, Deepa Nair Thevaharan and Nadia Izhar. - FMT