Police corporal freed on charge of sending false communication on PM, DPM

KUALA LUMPUR: A policeman was acquitted and discharged on a charge of improper use of network application by sending false communication against the Prime Minister and the Deputy Prime Minister through his Facebook account two years ago, without calling for his defence.
Judge Zaman Mohd Noor ordered the release of Corporal Nik Azmi Nik Mustapha, 40, after finding that the prosecution had failed to establish its case.
In the judgment, he said there were gaps in the case when the prosecution failed to call a witness from Kelab Suara Umno to prove that the uploaded status was true.
"The prosecution also failed to prove several elements, including on element of annoyance as stated in the charge. The forensic report also did not find any information to link the case.
"After hearing the testimony of the witnesses, the court find that the prosecution failed to prove a prima facie against the person summoned.
"Therefore, the court acquits and discharges the person summoned without calling for his defence," he said.
Nik Azmi, who has been suspended from his job at the Sentul district police station, was charged with knowingly using a network application to initiate the transmission of a communication which was false with intent to annoy other person.
He was accused of committing the offence through a Facebook account of "Nik Azmi Nik Mustapha", at https://www.facebook.com/ayoh.min, at midnight on Dec 12, 2016.
The link was allegedly read in Twitter, "Kelab Suara Umno (M) @ Suara Umno" at D5 office, Criminal Investigation Department, Contingent Police Headquarters in Jalan Hang Tuah here, at 4.30pm on Dec 14 the same year.
The charge was framed under Section 233 (1)(a) of the Communications and Multimedia Act 1998, which provides a maximum fine of RM50,000 or imprisonment of not more than one year, or both and also liable to a further fine of RM1,000 per day, should he continue to commit the offence after being charged, if found guilty.
The prosecution was conducted by deputy public prosecutor Noor Jazilah Mohd Yushaa, while lawyer Zulhazmi Shariff represented Nik Azmi. — Bernama