KUALA LUMPUR, July 31 — The High Court has ordered blogger Wan Muhammad Azri Wan Deris, also known as Papagomo, to enter his defence on a sedition charge involving an offence allegedly committed three years ago.
Judge Nurulhuda Nur'aini Mohamad Nor made the decision after allowing the prosecution's appeal against the Sessions Court's decision to acquit and discharge him at the end of the prosecution's case.
"The court is of the view that the trial judge (Sessions Court) erred in acquitting and discharging the accused without calling him to enter his defence. Therefore, this appeal is allowed, and the accused is ordered to enter his defence on the charge brought against him," she said.
Judge Nurulhuda added that regarding the withdrawn police report, the court ruled that it had no effect on the charge as Azri's alleged seditious statement was made against the government and not any individual.
"The investigation and prosecution cannot be halted following the withdrawal of the police report. The (seditious) statement was seen as referring to the government and the word 'government' was repeated three times, as confirmed by the eighth prosecution witness, senior forensic analyst Mohd Izuan Effendy Yusof.
"Therefore, the court is of the view that it fulfils the elements of an offence under Section 4(1)(b) of the Sedition Act, namely causing hatred against the government, while also taking into consideration the Parliamentary Hansard which stated that the government does not recognise the existence of Israel, based on the testimony of the fifth prosecution witness, Foreign Ministry administrative and diplomatic officer Datuk Zahairi Baharim," she said.
Judge Nurulhuda noted that the element of hatred may not have an impact on the government if it came from an individual, but based on the facts of the case, the post had received more than 50,000 views, potentially inciting hatred and causing harm.
She then set August 11 for mention of the case at the Klang Sessions Court before Judge Siti Aminah Ghazali, who had been transferred from the Sessions Court to that court.
The court allowed Azri to be released on RM7,000 bail.
At today’s proceedings, the prosecution was represented by Deputy Public Prosecutors Mohamad Mustaffa P. Kunyalam, Deepa Nair Thevaharan, and Nadia Mohd Izhar, while the accused was represented by lawyers Rafique Rashid Ali and Nur Mustanir Md Nor.
On September 3 last year, Judge Siti discharged and acquitted Azri after finding that the prosecution failed to establish a prima facie case against him at the close of its case.
On January 8, 2024, the former UMNO Youth exco member claimed trial to a charge of making seditious remarks linking the government to being pro-Israel and pro-Western through Facebook.
He was accused of making the statement on the Facebook page "Halid Hamidi (Halid Mat Kool)", which was later viewed by an individual at a condominium unit along Jalan Tong Shin, Bukit Bintang at 1pm on November 8, 2023.
The charge was framed under Section 4(1)(b) of the Sedition Act 1948, which provides for a fine not exceeding RM5,000 or imprisonment for up to three years, or both, upon conviction.
