Kuala lumpur: The Court of Appeal today ordered a businessman to enter his defence on two charges of sending offensive communications to the Raja Permaisuri Agong in 2023.
According to BERNAMA News Agency, a three-member bench comprising Datuk Azman Abdullah, Datuk Mohd Radzi Abdul Hamid, and Datuk Meor Hashimi Abdul Hamid unanimously allowed the prosecution's appeal. This decision set aside earlier rulings by the Sessions Court and the High Court, which had acquitted and discharged Sharil Mohd Sarif without calling for his defence.
Delivering the decision, Judge Mohd Radzi stated that both lower courts had erred in finding that the prosecution failed to prove the element of intent. This was based on testimony from a forensic psychiatry consultant who claimed that the respondent was not of sound mind and unaware of the consequences of his actions.
The appellate court ruled that the case would be remitted to the Sessions Court for Sharil to enter his defence before the same trial judge, with May 15 set for mention. Judge Mohd Radzi mentioned that since Sharil had raised a defence of insanity, he would be allowed to recall the forensic psychiatry expert to present the same evidence.
On October 16, 2023, the Sessions Court acquitted and discharged Sharil, 43, at the close of the prosecution's case. The High Court upheld that decision on June 27, 2024, prompting the prosecution to file an appeal.
Sharil is accused of making and initiating the transmission of offensive communications via his Twitter account between 5.28 a.m. and 5.30 a.m. on March 12, 2023, with the intent to annoy others. He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, punishable under Section 233(3), which carries a fine of up to RM50,000, imprisonment of up to one year, or both, upon conviction. A further fine of RM1,000 may be imposed for each day the offence continues after conviction.
Sharil has prior convictions for similar offences, having been sentenced in 2019, 2020, and 2021 by the Sessions Court, including a one-year jail term and a RM20,000 fine in 2021.
At the Court of Appeal proceedings, Deputy Public Prosecutor Atiqah Abdul Karim @ Husaini appeared for the prosecution, while lawyer Pang Tek Kit represented the respondent.