PUTRAJAYA, June 24 — A businessman was fined RM10,000 in default of 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 and set aside Muhammad Zaki Omar’s acquittal and entered a conviction against him.
Delivering the court’s unanimous decision, Justice Radzi said the prosecution has proven its case beyond a reasonable doubt against the accused.
He said the policeman referred to in the postings made by Zaki did not die but only suffered health complications, and that there was no evidence of any connection between the policeman’s medical condition and the vaccine.
The accused's act of publishing the post was irresponsible and negligent, and was intended to likely cause fear or public concern.
Justice Mohd Radzi said that Zaki was not a qualified medical professional to make any conclusions regarding any connections between the policeman’s condition and the vaccination, and there was no evidence from independent and qualified sources to support such a claim.
Zaki, 41, was previously acquitted and discharged by the Kuala Kangsar Sessions Court on October 11, 2024, and the decision was upheld on November 14 last year, prompting the prosecution to appeal to the Court of Appeal.
According to the charge, he was accused of spreading false news using Facebook via his personal account profile with the intention to cause public anxiety at 11.39pm on April 3, 2021.
Zaki was charged under Section 4 (1) of the Emergency (Essential Powers) (No 2) Ordinance 2021, which provides a maximum fine of RM100,000 or imprisonment for up to three years or both; in the case of a continuing offence, the accused can be further fined not more than RM1,000 for each day the offence continues.
At the Court of Appeal proceedings, the Deputy Public Prosecutors were How May Ling and Ng Siew Wee, while lawyer Asiah Abd Jalil appeared for Zaki.
When contacted by Bernama, Asiah confirmed that her client had paid the fine.
