KUALA LUMPUR: The High Court has fixed July 31 for a decision in the prosecution's appeal against the acquittal of controversial blogger Wan Muhammad Azri Wan Deris, or Papagomo, over a charge of uttering seditious words linking the government to Israel and the West.
Justice Nurulhuda Nur'aini Mohamad Nor fixed the date after hearing submissions from parties here on Tuesday (July 21).
Wan Muhammad Azri was acquitted by the Sessions Court on Sept 3, 2025, without being called to enter a defence after the court found that the prosecution had failed to prove prima facie in the case.
During submissions, Deputy Public Prosecutor Mohamad Mustaffa P. Kunyalam argued that the Sessions Court had erred when it gave emphasis on the withdrawal of a police report by the complainant in the case.
He said testimony by the complainant Hisham Shaharudin, who was also the first prosecution witness, was never expunged or set aside through impeachment proceedings.
"The witness (Hisham) withdrew his police report after he completed his testimony in court. Does this mean the prosecution's case automatically failed and warranted a discharge and acquittal? Respectfully, the prosecution argues that this is not the case," DPP Mohamad Mustaffa said.
He further submitted that prima facie was proven in the case and urged the court to order the respondent to enter defence.
DPP Deepa Nair Thevaharan also appeared for the prosecution.
Meanwhile, lawyer Muhammad Rafique Rashid Ali, who represented Wan Muhammad Azri, submitted that the appellant had failed to prove elements of sedition in the impugned statements under the law.
He argued that the withdrawal of the police report had adversely affected the appellant's case as the basis for the prosecution against the respondent was flawed.
"We submit that the Sessions Court was correct in its decision and the High Court need not intervene in the case," Muhammad Rafique said.
On Jan 8, 2024, Wan Muhammad Azri was accused of making the remarks on Facebook under the name Halid Hamidi (Halid Mat Kool) at 1pm on Nov 8, 2023.
The statement was later viewed by a 42-year-old man at a condominium unit in Jalan Tong Shin, Bukit Bintang.
The charge was framed under Section 4(1)(b) of the Sedition Act 1948, punishable under Section 4(1) of the same Act, which carries a fine of up to RM5,000, a maximum three-year jail term, or both, upon conviction.
Nine prosecution witnesses were called to testify against Wan Muhammad Azri.
