6 Sept 2024
MUHAMMAD ZAKI BIN OMAR
- Citation
- WA-62CY-16-07/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-62CY-16-07/2021 (Mahkamah Sesyen)
Although the prosecution proved authorship through forensic evidence and the presumption under s114A, it failed to prove that the impugned post was objectively offensive or that the accused intended to annoy any person; the challenged sentences were factual/commentary within public discourse and judicially noticeable context of the pandemic and thus did not meet the statutory threshold under s233(1)(a); consequently no prima facie case existed and the accused was acquitted and discharged.