Rafizi wins appeal against 'insulting Umno members' conviction
The High Court in Shah Alam has set aside PKR Pandan MP Rafizi Ramli's conviction for allegedly insulting Umno members in an interview three years ago, following an appeal.
Justice Ghazali Cha found the conviction under Section 504 of the Penal Code to be "unsustainable".
Section 504 deals with the offence of intentional insult with intent to provoke breach of peace...
The High Court in Shah Alam has set aside PKR Pandan MP Rafizi Ramli's conviction for allegedly insulting Umno members in an interview three years ago, following an appeal.
Justice Ghazali Cha found the conviction under Section 504 of the Penal Code to be "unsustainable".
Section 504 deals with the offence of intentional insult with intent to provoke breach of peace.
The judge found that the prosecution had failed to prove intent, which he said was a necessary ingredient of the offence.
"There were (also) no actions that happened to breach the peace... a police report was lodged only by Umno Selangor a few days later," the judge said in reading out his decision today.
Rafizi had previously been convicted and fined RM1,800 for this offence at the Petaling Jaya Sessions Court.
The prosecution had then appealed to enhance the sentencing while Rafizi appealed against the conviction.
In overturning the conviction, the judge set aside the prosecution's appeal.
Rafizi's lawyer Gobind Singh Deo also requested for a refund of the RM1,800 fine which Rafizi had already paid, which the judge acquiesced to.
Gobind also said this case would serve as a guide for other cases under Section 504, while Rafizi said it would set a good precedent.
"I am extremely grateful the judge set the record straight," Rafizi told reporters outside the courtroom after the decision was read.
Rafizi was convicted last year of insulting and provoking anger among Umno members in an interview, where he had allegedly claimed that Umno was behind the religious attacks in Selangor in 2014.
His statement was published on fz.com and in The Edge Financial Daily in an article entitled "Analyst: Will Rafizi quit if Selangor not toppled?"
Report this comment


Are you sure you want to delete this comment?
This action cannot be undone.