Putrajaya: A businessman was fined RM10,000 in default six months' jail by the Court of Appeal today after he was convicted of a charge of spreading false news regarding the alleged death of a policeman said to be linked to the COVID-19 vaccine five years ago. A three-judge panel comprising Justices Datuk Noorin Badaruddin, Datuk Mohd Radzi Abdul Hamid, and Datuk Seri Latifah Mohd Tahar allowed the prosecution's appeal, set aside Muhammad Zaki Omar's acquittal, and entered a conviction against him.
According to BERNAMA News Agency, the court's unanimous decision was delivered by Justice Mohd Radzi, who stated that the prosecution had proven its case beyond a reasonable doubt against Muhammad Zaki. He noted that the policeman mentioned in Muhammad Zaki's posts did not die but only suffered health complications, with no evidence linking the condition to the vaccine.
Justice Mohd Radzi emphasized that Muhammad Zaki's act of publishing the post was irresponsible and negligent, likely intending to cause fear or public concern. He further stated that Muhammad Zaki, not being a qualified medical professional, had no grounds to make conclusions about any connections between the policeman's condition and the vaccination. There was also no evidence from independent and qualified sources to support such claims.
Muhammad Zaki, 41, had previously been acquitted and discharged by the Kuala Kangsar Sessions Court on October 11, 2024, with the decision upheld on November 14 last year, leading the prosecution to appeal to the Court of Appeal. He was accused of spreading false news on Facebook through his personal account, intending to cause public anxiety at 11:39 pm on April 3, 2021.
The charge against him was under Section 4 (1) of the Emergency (Essential Powers) (No 2) Ordinance 2021, which provides for a maximum fine of RM100,000, imprisonment for up to three years, or both. In the case of a continuing offence, the accused could be further fined not more than RM1,000 for each day the offence continues.
During the Court of Appeal proceedings, deputy public prosecutors How May Ling and Ng Siew Wee represented the prosecution, while lawyer Asiah Abd Jalil appeared for Muhammad Zaki. When contacted by Bernama, Asiah confirmed that Muhammad Zaki had paid the fine.