PUTRAJAYA: The prosecution has withdrawn its appeal for a higher sentence against graphic designer Mohd Fahmi Reza Mohd Zarin for uploading an offensive caricature image of former prime minister Datuk Seri Najib Abdul Razak on his Facebook account in 2016.
Deputy public prosecutor Zaki Asyraf Zubir informed a three-man Court of Appeal bench today that the prosecution had filed a notice of discontinuance of its appeal on Dec 28 and hence sought for the appeal to be struck out.
Lawyer Louis Liaw, representing Mohd Fahmi Reza, did not object to the withdrawal of the appeal.
Justice Datuk Wira Mohtarudin Baki, who chaired the bench with Datuk Rhodzariah Bujang and Datuk Mohamad Zabidin Mohd Diah, subsequently struck out the appeal.
The prosecution had filed an appeal against the Nov 12, 2018 decision of the Ipoh High Court in setting aside Mohd Fahmi Reza’s one month jail sentence and reduced his fine from RM30,000 to RM10,000 after allowing his appeal on the sentence.
The High Court in Ipoh, however, maintained his conviction on the charge of posting the caricature, depicting Najib as a clown along with the Malaysian Communications and Multimedia Commission (MCMC) logo on Feb 8, 2016.
Mohd Fahmi Reza was charged with improper use of the network facilities by knowingly creating a communication that was offensive with intention to annoy other people through his Facebook account, “Fahmi Reza”.
The posting was allegedly read at an address in Seraya Sdn Bhd, Batu 3, Jalan Jelapang here at 2.40pm the same day.
On Feb 20 last year, the Ipoh sessions court sentenced Mohd Fahmi Reza to one month jail and a fine of RM30,000 after finding him guilty of the charge.
After the proceedings, Liaw told reporters that Mohd Fahmi Reza’s appeal against his conviction was still ongoing and the Court of Appeal had yet to set the hearing date.
Mohd Fahmi was present in the court. — Bernama
