Pandan MP Mohd Rafizi Ramli today filed a preliminary objection at the Magistrate’s Court in Kuala Lumpur to halt his criminal defamation charge for allegedly disparaging Tabung Haji.
The accused’s counsel Gobind Singh Deo told the court that his client questioned the validity of the trial which entered the second day today, on the basis of magistrate Umzarul An-Nur Umar’s failure to conduct an examination on the complainant’s complaint.
The complainant, Lembaga Tabung Haji COO Rozaida Omar was to have testified today.
“What we want to question is the charge against Rafizi under Section 500 of the Penal Code, which can only commence if the magistrate takes cognisance of the offence and if there is a complaint by the complainant.
“In this case, there is a complaint by the complainant, but upon accepting the complaint, the magistrate must conduct an examination on it under Section 133 of the Criminal Procedure Code. This is where it has not been done,” he submitted.
Deputy public prosecutor Mohd Abazafree Mohd Abas objected to the application, saying the defence was trying to delay the trial.
He submitted that the examination was unnecessary, as the prosecution had ordered for the complaint to be investigated.
“Based on the amendment to Section 133 of the CPC in 1998 and based on Section 128 of the CPC, when the magistrate accepts a complaint, he/she can take note of it and after doing so, the trial can proceed without any examination of the complainant’s complaint,” submitted the DPP.
The court set tomorrow for decision on the objection.
Rafizi claimed trial to posting an article entitled, “Analisa Kewangan Tabung Haji 2009-2015” on his Facebook page, on Feb 9, 2016, which allegedly contained disparaging statements that could tarnish the image of Lembaga Tabung Haji.
He allegedly committed the offence on the 18th floor of Bangunan Tabung Haji, Jalan Tun Razak at around 9am on Feb 8, 2016.
The charge under Section 500 of the Penal Code carries up to two years’ imprisonment or a fine or both, on conviction.
- Bernama
