The Sessions Court in Petaling Jaya today fixed July 29 to decide whether to call PKR vice-president Rafizi Ramli to enter his defence on ‎a charge of intentional insult of Umno members.

Judge ‎Azwarinda Affandi fixed the date after hearing submissions on the matter at the end of the prosecution's case against the Pandan MP, who is also PKR secretary-general.

Rafizi was represented by Eric Paulsen while DPP ‎Mohd Azari Harun represented the prosecution.

The PKR leader is charged under Section 504 of the Penal Code, with making a provocative statement on Selangor Umno members by intentionally insulting them, with the intent to disrupt the peace.

This is based on Rafizi’s comments that Selangor Umno could have been responsible for throwing a Molotov cocktail at a church in the run-up to the Kajang by-election last year, which was reported in FZ.com on Feb 4, 2014, and published by The Edge the next day.

If found guilty, he will face a two-year jail sentence, a fine of RM4,000, or both, and likely lose his federal lawmaker's post.

Paulsen ( photo ) submitted today that Rafizi should be acquitted of the charge as only two Umno members were called as witnesses and neither of them was an office-bearer.

“Furthermore, the statement made was not directed at the Umno witnesses but at the party. The party, as an entity in itself, cannot be offended. Anyway the office-bearers should come and testify and not these two,” he said.

Paulsen further argued that the charge was “an intentional insult” and this case should not be considered a criminal case, as there were other means, including filing a defamation suit.

He said he was not suggesting that Umno files such a suit, but that there were other avenues available, without needing to bring a criminal charge against Rafizi.

Paulsen submitted that what Rafizi said did not lead to a demonstration or effigy-burning at the office of The Edge .

He also said the charge was incorrect in that it states the offence was committed at the office of The Edge , but Rafizi only spoke this over the phone  while the two Umno members were not there.

Paulsen said if it was an offence, the two Umno members who testified should have been present for it to be considered a violation under the law of Section 504 of the Penal Code.

DPP: Umno members were offended

DPP Mohd Azari said what Rafizi had said resulted in anger among Umno members as that is not related to what the article is mainly about.

The matter was brought up when one of the Umno leaders in Kajang saw The Edge article, two days after its publication, and this led to another Umno member lodging a police report.

“What Rafizi said in alleging that Umno Selangor could have thrown the Molotov cocktail was meant to create unrest between Christians and Muslims.

“This resulted in Umno members being hurt by the remark. It is not necessary (for the prosecution to show) all three million Umno members to be angry,” Mohd Azari said.

He said the charge specifically states ‘Umno Selangor’ and hence the prosecution had proven a prima facie case against Rafizi.

“Hence, the accused should be called to enter his defence,” Mohd Azari added.