IPOH: The High Court here has upheld the conviction of graphic artist Mohd Fahmi Reza Mohd Zarin for uploading a clown sketch of Datuk Seri Najib Razak on his Facebook account two years ago.
Judicial commissioner Datuk Mohd Radzi Harun, however, commuted Fahmi's sentence and reduced his fine from RM30,000 to RM10,000.
In February, Fahmi was sentenced to a month’s jail and fined RM30,000 by the Sessions Court here for committing the offence.
Radzi made the ruling after examining the prosecution's witness statements as well the statement by the accused, who was charged under Section 233(1)(a) of the Communications and Multimedia Act.
Mohd Radzi said the prosecution managed to prove its case beyond reasonable doubt, adding that the Ipoh Sessions Court's decision was made within the confines of the law.
Mohd Radzi said after evaluating the arguments of both the defence and prosecution, Fahmi's sentenced would be reduced to a RM10,000 fine.
He said Fahmi would be sentenced to one month in prison if he fails to pay the fine.
The ruling was made after taking into account the Kuala Lumpur Sessions Court's decision to free Fahmi Reza from a similar charge on Oct 11.
Mohd Radzi also said he took note of news reports highlighting the Communications and Multimedia Ministry's intention to amend Section 233 of the Communications and Multimedia Act.
At the end of the proceeding, Mohd Radzi advised Fahmi to use his talents for noble causes, to hold eastern values and etiquette in high regard, and to serve as a role model for his followers on social media.
He also proposed for Fahmi to spend the RM20,000 to be returned to him on art equipment and art classes for orphaned children and kids with special needs.
The prosecution was represented by Malaysian Communications and Multimedia Commission prosecution department director Mohd Sophian Zakaria while Fahmi was represented by his lawyer Syahredzan Johan.