Court drops charge against Fahmi over post allegedly insulting minister

Graphic designer and artist Fahmi Reza succeeded in his bid for the court to drop a charge against him over an alleged obscene post on Twitter against then health minister Adham Baba.

The Kuala Lumpur Sessions Court this morning allowed the artist’s application to be granted a discharge not amounting to an acquittal (DNAA) in the case.

Under criminal law, a DNAA means the accused could, in theory, be charged in future for the same offence if the prosecution decides to do so, while a discharge and acquittal mean the accused can no longer be charged for the same offence.

Rajsurian Pillai, the activist’s counsel, confirmed that judge Nor Hasniah Ab Razak agreed with the defence team’s preliminary objections over the criminal charge.

The lawyer said that the court had granted the DNAA and ordered the RM5,000 bail money be returned to Fahmi.

“The judge agreed (with the defence team’s arguments) that the charge was defective,” Rajsurian said when contacted.

The artist's lead counsel is Yohendra Nadarajan.

On Feb 10, Fahmi claimed trial for improper use of his Twitter account to post an allegedly obscene post against the minister last year.

Adham is now the science, technology and innovation minister.

According to a copy of the charge sheet, Fahmi was alleged to have uploaded the posting via his Twitter account around 3.02pm on Feb 10, 2021.

Framed under Section 233(3) of the Communications and Multimedia Act 1998, the charge is for the offence of improper use of network facilities to make an obscene posting with the intent to annoy another person.

If found guilty, Fahmi may be fined not exceeding RM50,000, jailed for up to a year, or penalised with both penalties, per Section 233 (3) of the Act.

It is understood that the alleged posting was about the Health Ministry relaxing the quarantine rules last year for Malaysian ministers travelling back from overseas trips.

The outspoken activist on socio-political issues has had numerous run-ins with authorities in the past, among them being over a clown caricature of former prime minister Najib Abdul Razak.

Fahmi still has another pending court criminal case against him, namely over a Facebook posting jabbing PAS over the 2020 beer ban issue.

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