Rafizi found guilty of defamation, but retains MP status
Pandan MP and PKR vice-president Rafizi Ramli has been found guilty of criminal defamation by the Petaling Jaya Sessions Court today.
Sessions Judge Azwarnida Ariffin said the prosecution has proven its case beyond reasonable doubt against Rafizi for accusing Umno Selangor of being behind the Molotov cocktail attacks at churches.
Pandan MP and PKR vice-president Rafizi Ramli has been found guilty of criminal defamation by the Petaling Jaya Sessions Court today.
He was fined RM1,800 which allows him to retain his parliamentary seat. A fine of RM2,000 and above would see him out of Parliament.
Sessions Judge Azwarnida Ariffin said the prosecution had proven its case beyond reasonable doubt against Rafizi for accusing Selangor Umno of being behind the Molotov cocktail attacks at churches in 2014.
"Hence the court finds you guilty," said the judge.
Rafizi is found guilty of uttering the statement which was published in the portal FZ.com on Feb 4, 2014 and also carried in The Edge Daily the next day.
In her judgment, Azwarnida said there are four elements which the prosecution needed to prove, namely there was defamation, it was done intentionally, had caused individuals to be angry and would upset public order.
The judge concluded that there was a prima facie case based on the interview conducted by the journalist, and the transcript of the interview showed the contents of Rafizi's allegation that molotov cocktail was used by Umno Selangor to attack churches.
“The second and third elements are closely related and the testimonies of two Umno Selangor members indicated they felt that Umno Selangor was insulted by what Rafizi had uttered,” she said.
Although there were no riots as a result of what Rafizi had said, Azwarnida said it was not needed for the prosecution to prove this but indicated that the possibility of it happening was there.
Prosecution witnesses credible
The judge also ruled that prosecution witnesses including two from Umno Selangor are credible despite not having represented the state office bearers.
“The accused should stick to his statement on the Kajang move and not criticise Umno and make the allegation," she said, adding that Rafizi's testimony that it is not defamatory and he did not direct the comment to anyone was just an afterthought.
After the court found Rafizi guilty, his lawyer Eric Paulsen asked for a light sentence as this was the 39-year-old MP's first offence, and asked that a fine of less than RM2,000 be imposed so that Rafizi would not lose his parliamentary seat.
DPP Roslan Mat Noor said a severe sentence should be passed because as a politician and an elected representative, Rafizi should be responsible for his statements.
Met outside the court after paying the fine, Rafizi said he would not appeal against today's decision and hoped that he would be the last person to be charged under criminal defamation.
Roslan told reporters that he would seek further instructions on whether to appeal.


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