KUALA LUMPUR: The Sessions Court on Thursday (Aug 22) discharged and acquitted Malaysian-Singapore Workers (Pemas) task force chairman S. Dayalan of the charge of posting insulting remarks against former prime minister Tan Sri Muhyiddin Yassin on his Facebook three years ago.
Judge Nor Hasniah Ab Razak made the ruling after finding that the prosecution failed to prove a prima facie case against the man at the end of the prosecution case.
"After thoroughly evaluating all evidence and exhibits presented by the prosecution, as well as the written submissions from both the deputy prosecutor and the lawyer, the court ruled that the defence had raised reasonable doubt on the prosecution case.
"The court found that the prosecution had failed to establish a prima facie case against OKS (the person being sued). Therefore, the court acquits and discharges the OKS (of the charge) without having to enter his defence. The bail money (RM3,000) is returned,” said Nor Hasniah.
On Oct 12, 2021, Dayalan pleaded not guilty to the charge of making and initiating the transmission of the offensive communications with the intent to annoy others using Facebook under the profile name ‘Dayalan Sreebalan’ at 10.03pm, on May 30 the same year.
The post was then read at the Cyber and Multimedia Crime Investigation Department, Commercial Crime Investigation Department, Bukit Aman Police Headquarters, 27th Floor, Menara KPJ, Wangsa Maju, near here at 7.15pm on June 2, 2021.
The charge, framed under Section 233 (1) (a) of the Communications and Multimedia Act 1998 (Act 588), provides a maximum fine of RM50,000 or imprisonment for up to one year or both, and shall also be liable to a further fine of RM1,000 for every day during which the offence is committed after conviction.
Deputy public prosecutor Wan Ahmad Hijrah Wan Abdullah appeared for the prosecution while Dayalan was represented by M. Dinesh. - Bernama
