KUALA LUMPUR: A 68-year-old jobless man has been charged at the Sessions Court here over an offensive caricature, said to be of Prophet Muhammad, which was posted on his Facebook account.
Wai Foo Sing pleaded not guilty after the charges were read out to him before Sessions court judge M.M Edwin Paramjothy here on Wednesday (Feb 27).
According to the first charge, Wai had allegedly uploaded a posting which could cause disharmony between Muslims and non-Muslims on a Facebook account under the name 'Foo Sing Wai' at 5pm on Feb 17.
The charge, under Section 298A(1)(a) of the Penal Code, carries imprisonment between two and five years if convicted.
On the second charge, Wai was accused of posting an offensive content via the same Facebook profile "Foo Sing Wai" with the intention to annoy any person, allegedly committed on the same day.
The charge, under Section 233(1)(a) of the Malaysian Communications and Multimedia Commission (MCMC) Act 1998, carries a fine of up to RM50,000 or imprisonment up to one year or both and can be fined RM1,000 for every day the offence is continued after conviction.
DPP Muhamad Asyraf Md Kamal did not offer bail on grounds that it was a non-bailable offence.
However, he proposed a bail of not less than RM30,000 if the court allowed bail.
"RM30,000 is not an excessive amount considering the seriousness of the offence the accused is being charged with.
"Even the second charge under Section 233(1)(a) of the MCMC Act does not provide a punishment in a form of a fine," he said.
Wai, who was unrepresented, pleaded for a minimum bail, saying he was jobless and suffering from diabetes.
"My son will come to post bail for me but I am not sure how much money he has," Wai said.
The court then fixed bail at RM20,000. The case is set for mention on April 5.
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