The Sessions Court in Ipoh today ordered graphic artist Fahmi Reza to enter his defence over a charge linked to his clown face caricature of Prime Minister Najib Abdul Razak, which was uploaded on Facebook two years ago.

According to Utusan Online, Sessions Court judge Norashima Khalid decided that the prosecution, led by deputy public prosecutor Nazrul Nizam Mohd Zakaria, had succeeded in proving a prima facie case against Fahmi for the charges under Section 233(1)(a) of the Communications and Multimedia Act 1998 (CMA).

Fahmi was represented by lawyer Syahredzan Johan.

In June last year, Fahmi claimed trial to two criminal charges under the CMA over a clown sketch of the prime minister, one charge in the Sessions Court in Ipoh, and the other in the Sessions Court in Kuala Lumpur.

Both charges are under Section 233(1)(a) of the CMA on the improper use of network facilities to spread content deemed to be “obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.”

A conviction will result in a maximum fine of RM50,000, or a maximum one-year jail term, or both.

Fahmi had previously filed a legal challenge against the constitutionality of the CMA in his bid to strike out the charges against him.

Last January, the High Court in Kuala Lumpur had allowed Fahmi's application, but the Federal Court later set aside the ruling on the grounds that the case was not properly brought before it, and should, therefore, be remitted back to the Sessions Court.