Clown-face caricature - Fahmi Reza's conviction stays
The Court of Appeal in Putrajaya today upheld graphic artist Fahmi Reza's conviction for uploading a clown-face caricature of then-prime minister Najib Abdul Razak onto his social media account.
This was confirmed by the appellant's lawyer, Syahredzan Johan, who attended the appeal hearing before a three-person bench led by Kamardin Hashim...
The Court of Appeal in Putrajaya today upheld graphic artist Fahmi Reza's conviction for uploading a clown-face caricature of then-prime minister Najib Abdul Razak onto his social media account.
This was confirmed by the appellant's lawyer, Syahredzan Johan, who attended the appeal hearing before a three-person bench led by Kamardin Hashim.
"They (the judges) found no merit in the issue raised (by Fahmi)," the lawyer said when contacted today. "They see no reason to intervene in the Ipoh High Court judge's ruling."
When asked whether Fahmi would be seeking a revision of today verdict, Syahredzan replied in the negative.
"However, we hope that the government would do something about Section 233 (of the Communications and Multimedia Act 1998)," he added.
Fahmi was convicted under Section 233(1)(a) of the CMA – widely used under the previous administration to conduct allegedly politically-driven criminal investigations and prosecutions.
The provision penalises online content which is "obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person."
The Court of Appeal panel also comprised Kamaludin Mohd Said and Mohamad Zabidin Mohd Diah. Syahredzan said that the panel's decision was unanimous.
Deputy public prosecutors Mohd Dusuki Mokhtar, Nurshafini Mustafha and Ku Hayati Ku Haron appeared for the prosecution.
Still a 'criminal'
Fahmi later took to Facebook to state that he remains a "criminal in the age of the BN regime."
"After three years of going up and down since 2016, from the (Ipoh) Sessions Court to the (Ipoh) High Court, all the way to the Court of Appeal at the Palace of Justice, finally the 'clown' case has reached its end.
"Decision: the Court of Appeal judges rejected my application to nullify the conviction under #AktaSakitHati.
"Therefore, my status as a criminal in the age of the BN regime stays," the posting read, which ended with a laughing emoji.
The Facebook post was accompanied by a photograph of Fahmi striking a victory pose while holding a cutout of the Najib caricature in front of the Palace of Justice.
At the time of writing, the post has received 417 likes and 31 comments, mostly in support.
Among the commenters was Facebook user Anastasia S Lim, who said that art gives a voice to the oppressed and created awareness, and that Fahmi should be rewarded for his bravery.
User Marcus Tan said "Go Fahmi. Lawan tetap lawan (Keep fighting)," while Azrul Mohd Khalib described the artist as being on the "honour roll of those who worked hard and paid the price for the change that we now enjoy."
On Nov 12, 2018, Bernama reported that the Ipoh High Court had set aside the prison sentence meted out by the Ipoh Sessions Court against Fahmi for uploading the caricature onto his Instagram account together with a falsified MCMC logo.
Judicial commissioner Mohd Radzi Harun also reduced the initial RM30,000 fine imposed on Fahmi to RM10,000, in default a month's jail. Fahmi had appealed against this RM10,000 fine to the appellate court.
Radzi had ruled that the court was satisfied that the prosecution had succeeded in establishing the facts as provided under Section 233(1)(a) of CMA, and that the conviction by the Sessions Court in February would stay.
He added, however, that statements by the government on proposed amendments to the CMA to do away with draconian elements were taken into account in his ruling.
The judicial commissioner also urged Fahmi, who commands a sizable following on social media, to produce works of art that positively impact society.
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