KUALA LUMPUR: A policeman who was charged with sending false communications relating to the Prime Minister and the Deputy Prime Minister through his Facebook page was freed by the sessions court today without having his defence called.
Judge Zaman Mohd Noor acquitted and discharged Corporal Nik Azmi Mustapha, 40, after finding that the prosecution had failed to prove a prima facie case at the end of the prosecution’s case.
In his decision, Zaman said there were loopholes in the prosecution’s case, as there was no evidence provided by Kelab Suara Umno to prove the claims made in the post which was uploaded by the accused.
He also found that the element of “hurting a person’s feelings” had not been proven as there were no witnesses called to testify in relation to the issue.
Nik Azmi, who is attached to the Sentul district police headquarters, was charged with using his Facebook account to send false communications with the intention of hurting others’ feelings, at midnight on Dec 12, 2016.
The posting was allegedly read through the “Kelab Suara Umno (M) @Suara Umno” Twitter account at the D5 office, Criminal Investigations Department, Police Contingent Headquarters at Jalan Hang Tuah here at 4.30pm on Dec 14, 2016.
The charge, under Section 233 (1)(a) of the Multimedia and Communications Act 1998, carries a maximum penalty of a RM50,000 fine, or one year’s jail, or both, upon conviction.
A total of four prosecution witnesses were called to testify during the trial which began on March 21.
Deputy public prosecutor Noor Jazilah Mohd Yushaa prosecuted, while Nik Azmi was represented by counsel Zaulhazmi Shariff.