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Ex-IT officer pleads guilty to posting offensive comment on Facebook

IPOH: A former information technology (IT) officer at a local media company pleaded guilty in the Sessions Court here today to a charge of making an offensive comment on social media with the intent to hurt others’ feelings, in February this year.

Ariff Zulkarnain Ameer Mohd Imam, 50, entered the plea after the charge was read before Judge Meor Sulaiman Ahmad Tarmizi.

According to the charge, he allegedly used the Facebook application through the account “Ariff Zulkarnain Mohd Imam” at the link https://www.facebook.com/ariff.zulkarnainmohdimam to knowingly make and initiate a transmission using a communication service.

He was accused of posting a comment on an article titled “Khatib enggan baca teks khutbah disediakan keterlaluan, jangan dibiarkan – Sultan Nazrin”, published on the Facebook page of Harian Metro at the link https://www.facebook.com/share/1BZZzGje6L/?mibextid=wwXlfr.

The offence was allegedly read at the Complaints Counter of the Central Police Station at the Ipoh District Police Headquarters at about 5.45 pm on Feb 25.

For the offence, he was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 and punishable under Section 233(3) of the same Act, which provides for a maximum fine of RM500,000 or imprisonment for up to two years, or both. An additional fine of RM5,000 for each day or part of a day the offence continues after conviction may also be imposed, upon conviction.

His lawyer, M. Saravanan from the National Legal Aid Foundation (YBGK), appealed for time or a later date to allow the accused to raise funds in case a fine is imposed, noting that the offence was serious as it involved the Sultan of Perak.

Deputy public prosecutor Nasrul Hadi Abdul Ghani said he had no objection to sentencing being set for a later date, but offered bail of RM30,000 with two sureties. He also requested that the accused report to the nearest police station once a month and surrender his passport to the court.

Deputy public prosecutor Nurul Hidayu Zakaria also conducted the prosecution.

Saravanan then appealed for a lower bail amount, saying the accused was 50 years old, his wife was unemployed, and he had lost his job at the media company as a result of his actions. He added that the accused had no stable income and pledged to comply with all imposed conditions.

The judge then set July 30 as the sentencing date and fixed bail at RM10,000 with one surety. The accused was also ordered to surrender his passport to the court by noon on June 20, until sentencing is concluded.

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