Rafizi was charged with criminal defamation after he made comments about Umno’s role in religious attacks that happened in Selangor in 2014, via an article published in business paper The Edge
SHAH ALAM: The High Court here today set aside Pandan MP Rafizi Ramli’s conviction for criminal defamation against Umno, after finding the prosecution’s charge to be defective.
Justice Datuk Ghazali Cha allowed Rafizi’s appeal against his conviction last year and also dismissed the prosecution’s bid to have the PKR lawmaker’s sentence increased.
Rafizi was fined RM1,800 last year at the Sessions Court in Petaling Jaya after being found guilty of criminal defamation against Umno members through a statement he made in 2014.
“The charge has failed to prove the intent of the appellant, which is a key element to a charge under Section 504 of the Penal Code,” Ghazali said.
Ghazali also ordered a refund without interest on the fines that were paid by Rafizi when he was convicted.
Rafizi was charged with criminal defamation after he made comments about Umno’s role in religious attacks that happened in Selangor in 2014, via an article published in business paper The Edge.
Ghazali said that Rafizi’s comments also did not cause any breach of peace, as stated under the provision he was being charged with.
“There were no actions that indicated a breach of peace.
“The reaction was only to the extent of lodging of a police report by Umno Selangor,” he added.
Section 504 of Penal Code deals with intentional insult with intent to provoke breach of peace.
DAP MP for Puchong Gobind Singh Deo acted as lead counsel for Rafizi.
Source: The Malay Mail Online