PUTRAJAYA: The Court of Appeal has acquitted and discharged a former photographer charged with uploading an offensive video against the police on YouTube four years ago.
A three-judge panel led by Datuk Noorin Badaruddin, sitting with Datuk Hayatul Akmal Abdul Aziz and Datuk Mohd Radzi Abdul Hamid, unanimously allowed the final appeal of Mohd Shahril Abdul Rani, 54, on Wednesday (April 22).
The court set aside the High Court's decision on June 18, 2025, which had upheld a RM20,000 fine imposed by the Kajang Sessions Court on Feb 29, 2024.
In delivering the judgment, Justice Noorin said the key element to be proven was the intent behind the communication. Such intent, she emphasised, must be supported by clear and cogent evidence, not mere assumption.
"In this case, the evidence, particularly from the seventh prosecution witness, Kamarul Ariffin Kamaruzaman, showed that the primary purpose of the appellant's communication was to inform residents about the progress of a police report and to request that the investigation be expedited.
"The purpose of the communication was legitimate and cannot be equated with an intent to annoy or offend," she said.
Justice Noorin added that the prosecution had failed to prove the essential elements of the charge beyond a reasonable doubt. Viewed in its proper context, the appellant's communication was a form of expressing concern, protected speech that did not contravene the right to freedom of expression.
Accordingly, the court was satisfied that the element of intent to offend had not been proven, and that Mohd Shahril's conviction was unsafe.
"We find that the conviction recorded by the Sessions Court and affirmed by the High Court cannot be sustained. The appellant's appeal is allowed. The conviction and sentence are set aside.
“The appellant is therefore acquitted and discharged. Any fine paid shall be refunded to the appellant," Justice Noorin ruled.
On Feb 29, 2024, the Kajang Sessions Court found Mohd Shahril guilty of the charge and sentenced him to a RM20,000 fine, or in default six months' imprisonment.
He appealed the decision, but the Shah Alam High Court upheld the Sessions Court's ruling on June 18, 2025.
The former photographer had been charged with broadcasting a live video on a YouTube account under the name "Raja Emel" concerning the failure of the Commercial Crime Investigation Department (CCID) to investigate a police report lodged by the Joint Management Body of Anggun Apartment.
The act was alleged to have been committed with the intent to annoy others, including the police, at the CCID office at the Kajang District Police Headquarters in Hulu Langat at 9.11pm on July 26, 2020.
The charge was brought under Section 233(1)(a) of the Communications and Multimedia Act 1998, which provides for a maximum fine of RM50,000, or imprisonment for a term not exceeding one year, or both, as well as a further fine of RM1,000 for every day the offence persists after conviction.
Deputy public prosecutor Abdul Malik Ayob appeared for the prosecution, while Mohd Shahril was represented by lawyers Yu Ying Ying and Thiruna Jayshan. – Bernama
