Court drops charge against Fahmi over satire jabbing PAS

Graphic designer Fahmi Reza was granted a discharge not amounting to an acquittal (DNAA) over a court case linked to a Facebook post over the 2020 beer ban issue.

The Kuala Lumpur Sessions Court this morning granted the DNAA to the outspoken artist on reasons that the charge was baseless, groundless and defective.

Under the law, DNAA means the accused may still be charged over the same offence in future if the prosecution decides to charge him again, as opposed to an acquittal which prevents the prosecution from levying the same charge.

Today's outcome was confirmed by Fahmi’s (above) counsel Rajsurian Pillai when contacted after proceedings before judge Nor Hasniah Ab Razak.

“Today, the judge ruled that the charge did not have a basis, groundless and defective,” the lawyer said, adding the court had also ordered the return of the RM3,000 bail posted for Fahmi.

He was also represented by lawyers N Yohendra and Jacqueline Hannah.

Constant run-ins with authorities

On Feb 17, the graphic designer claimed trial over his Facebook post on June 1 last year.

The post in question showed a picture of two green beer cans held by two hands - with “Carlsberg” text on one can and the other with what appeared to be the PAS logo.

The post was believed to be linked to the issue of several then-PAS ministers in 2020 voicing support for restrictions on alcohol sales beyond Kuala Lumpur.

Then in June last year, the Domestic Trade and Consumer Affairs Ministry clarified there would not be a total ban on liquor sales during the- then total lockdown period in Malaysia.

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

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

The outspoken activist on socio-political issues has had numerous run-ins with the authorities in the past.

Among them was over a 2016 clown caricature of then-prime minister Najib Abdul Razak.

Back on Aug 26, Fahmi succeeded in his bid for the court to drop a separate charge against him over an alleged obscene post on Twitter against then-health minister Adham Baba.

Don’t be upset, PAS

Commenting on the DNAA, Fahmi lauded the court’s decision by saying “Fahmi – 1, PAS – 0”.

“I was charged in court for allegedly hurting PAS’ feelings for this satirical poster.

“And today, the court discharged the case saying it was baseless, groundless and defective. I will even get a refund on the bail posted.

“Please don’t be upset, PAS,” he said.

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