Prosecution seeks jail in Rafizi's defamation appeal
The High Court in Shah Alam will decide on July 13 the appeal by PKR vice-president Rafizi Ramli against his conviction for criminal defamation and prosecution's appeal on the sentence.
Rafizi was found guilty of accusing that Selangor Umno was behind the Molotov cocktail attacks on churches in 2014...
The High Court in Shah Alam will decide on July 13 the appeal by PKR vice-president Rafizi Ramli against his conviction for criminal defamation and prosecution's appeal on the sentence.
Rafizi was found guilty of accusing that Selangor Umno was behind the Molotov cocktail attacks on churches in 2014.
The comments found to be defamatory were reported by a news portal, FZ.com on Feb 4, 2014 and published by The Edge Financial Daily the next day.
The prosecution today submitted that the court ought to re-consider the RM1,800 fine imposed on the PKR lawmaker.
"The sentence under Section 504 of the Penal Code is higher compared to what was applied to Rafizi.
"(The sentence) clearly says it shall carry imprisonment, then a fine," argued DPP Iskandar Ahmad before Justice Ghazali Cha.
The above section concerns "intentional insult with intent to provoke a breach of the peace" and carries a maximum two years' jail as well as a RM4,000 fine.
Rafizi's lawyer Gobind Singh argued otherwise.
"My point is, it doesn't matter what (word) comes first, imprisonment or fine.
"The word 'shall' means it is up to the discretion of the judge, and Justice Azwarnida's (Ariffin) decided that a fine was enough," he said, adding later that there was no reason for the prosecution to ask the appeal court to interfere in the previous decision.
When met outside the courtroom, Gobind hoped that the prosecution's appeal would be dismissed, and Rafizi be acquitted completely.
"What is set out in the charge sheet, does not reflect an offence under section 504.
"There has been a miscarriage of justice, it must result in acquittal," he said.
Rafizi said it was "just another day in court".
"I see a trend whereby Umno uses court cases to build a case against me that I am not a credible person," he added.


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