The Magistrate’s Court has discharged businessperson Kum Eng Choon after the prosecutors realised that the case was filed in the wrong court.

Kum’s counsel Lim Lip Eng said prosecutors had sought to apply Section 216 of the Malaysia Communications and Multimedia Commission Act 1998.

According to Lim, however, since the law should be applied at the Sessions Court, the charges had to be withdrawn.

“He (the prosecutor) said that he will file the case again another day. So my client was granted a discharge not amounting to an acquittal, and he can claim back his bail money,” said the lawyer.
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The businessman who was charged with insulting Prime Minister Najib Abdul Razak and wife Rosmah Mansor on Facebook has lodged a police report denying that he had made the said posts.

According to the charge sheet on Kum Eng Choon, 48, had purportedly written “kerajaan sekarang p*** m**, Najib, Rosmah pergi neraka” (The current government is [expletive], Najib, Rosmah go to hell), among others, on his Facebook page at 11.16am on April 5 at Campbell Complex in Dang Wangi, Kuala Lumpur.

However in his police report lodged at the Dang Wangi district police headquarters today, the businessman claimed he has been banned on Facebook since earlier this month.

Kum added he was at his office in Klang at the time of the alleged offence stated in the charge sheet.