KUALA LUMPUR: A father of five was fined RM6,000, in default five months’ jail, by the Magistrates’ Court today after pleading guilty to threatening a Kuala Lumpur City Hall (DBKL) enforcement officer over the balloon vendor incident in late March.
While meting out the sentence on 57-year-old clothing trader Mustafa Sulaiman, Magistrate Farah Nabihah Muhamad Dan stressed that public interest must prevail, noting the accused’s remarks were akin to “pouring fuel on fire”.
“The court hopes this sentence will serve as a lesson to the accused. For the first charge, he is fined RM2,000 or two months’ jail in default; for the second, RM4,000 or three months in default,” she said.
Mustafa was charged with making a statement with the intent to incite others to commit an offence against DBKL officer Mohammad Shahli Zaini Mohd Zulkepli, 32.
The charge under Section 505(b) of the Penal Code carries a maximum sentence of two years’ imprisonment, a fine, or both.
He was also charged with criminal intimidation for sending a WhatsApp message to the same victim, threatening to cause death or injury, under Section 506 of the Penal Code, which carries a maximum sentence of seven years’ imprisonment, or a fine, or both.
Both offences were committed at the DBKL Enforcement Tower, Jalan Yaacob Latif, Bandar Tun Razak, Cheras, at 10.30 am on April 7.
Mustafa’s lawyer, Dzafir Firdaus Ahmad Zubairy, pleaded for a minimal fine, citing that his client is the sole breadwinner for his wife, five children, and mother-in-law.
“This is his first offence, and he has no prior criminal record. The statement was made in a WhatsApp group and did not amount to incitement,” he submitted.
Deputy public prosecutor Amritpreet Kaur Randhawa, however, pressed for a deterrent sentence, arguing that the WhatsApp screenshot clearly contained threats, incitement and elements of intimidation directed at a DBKL enforcement officer in the course of his official duties.
“The accused acted with malicious intent to undermine the reputation of the Mayor and to incite harm against DBKL enforcement personnel,” she added.
