PUTRAJAYA: The Court of Appeal has scheduled October 6 for case management in the prosecution’s appeal against the acquittal of a former factory worker.
The case involves charges of making and transmitting offensive communications about the then Raja Permaisuri Agong in 2023.
A three-judge panel comprising Justices Datuk Azman Abdullah, Datuk Azmi Ariffin, and Datuk Noorin Badaruddin had initially listed the matter for hearing today.
The hearing was removed from the day’s cause list according to court records.
Lawyer T.K. Pang, representing the accused Sharil Mohd Sarif, confirmed the prosecution plans to file an additional submission.
This new submission will address a constitutional issue related to Section 233 of the Communications and Multimedia Act 1998.
Deputy Public Prosecutor Atiqah Abdul Karim @ Husaini appeared for the prosecution in today’s proceedings.
The Sessions Court had acquitted and discharged Sharil on October 16, 2023, at the close of the prosecution’s case.
The court did not call for the accused to enter his defence at that stage.
Sharil faced two charges for knowingly making and initiating insulting communications via his Twitter account.
The alleged offences occurred between 5.28 am and 5.30 am on March 12, 2023.
The charges stated he acted with the intent to annoy others through his posts.
Both charges were framed under Section 233(1)(a) of the Communications and Multimedia Act 1998.
The High Court later upheld the Sessions Court’s acquittal decision on June 27, 2024.
This High Court ruling prompted the prosecution to file the current appeal to the Court of Appeal.
Sharil has previous convictions for similar offences under the same legislation.
In 2021, he received a one-year prison sentence and a RM20,000 fine for a related offence.
A Sessions Court also sentenced him to two months’ imprisonment in 2019 for a similar crime.
He received another 10-month prison sentence in 2020 for yet another comparable offence. – Bernama