7 December 2017
‘PM insult’ case thrown out after prosecutor’s bungle
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According to Lim, however, since the law should be applied at the Sessions Court, the charges had to be withdrawn.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.
Previously, Kum claimed that he did not upload the offending material online, but was instead “tagged” to a Facebook post by someone else.
He was arrested shortly after a photograph bearing his resemblance began making rounds on the internet.
The photograph depicted the person clutching a placard with the words offending words mentioned in the charge sheet.
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Man lodges report denying insulting Najib, Rosmah on Facebook
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.
Lim however confirmed that Kum had indeed held up a placard bearing the same words as the said posting, during the Bersih 5 rally last year.
A photograph of Kum doing so started to circulate in the social media this month.
Kum was on Thursday charged under Section 505(b) of the Penal Code for statements conducing to public mischief and Section 233 of the Communications and Multimedia Act (CMA) on improper use of network facilities.