SEPANG: The Sessions Court here on Thursday (July 30) ordered blogger Wan Muhammad Azri Wan Deris, better known as Papagomo, to enter his defence on a charge of publishing a false social media post claiming that 11 PKR Members of Parliament had withdrawn their support for party president and Prime Minister Datuk Seri Anwar Ibrahim.
Judge Ahmad Fuad Othman made the ruling after finding that the prosecution had established a prima facie case against Wan Muhammad Azri at the close of its case.
In his judgment, the judge said the court was satisfied that the prosecution had proven all three elements of the charge based on the testimony and documentary evidence presented during the trial.
He also rejected the defence's argument that the prosecution had failed to establish a case simply because it called only two witnesses, stressing that the number of witnesses was not the determining factor in establishing a prima facie case.
The judge further said the false post alleging that 11 PKR MPs had withdrawn support for Anwar not only had the potential to disrupt public order, but could also undermine investors' confidence in the country's political and economic stability.
“Imagine the impact of such content. It not only causes public anxiety but, in this context, also affects investor confidence.
“The court therefore finds that the prosecution has successfully proven all three elements of the charge. Accordingly, the accused is ordered to enter his defence,” he said.
The court fixed Sept 1, 2 and 15 for the defence proceedings, while judgment is scheduled to be delivered on Oct 22.
Earlier, Malaysian Communications and Multimedia Commission (MCMC) deputy public prosecutor Faten Hadni Khairuddin argued that an offence under Section 233(1)(a) of the Communications and Multimedia Act 1998 did not depend on whether the accused was the original creator of the content.
“The accused's act of uploading the false content to his own Facebook account, with the intention prohibited under the law, is sufficient to satisfy the elements of the offence under Section 233(1)(a) of the Communications and Multimedia Act 1998,” she said.
Lawyer Muhammad Rafique Rashid Ali, representing Wan Muhammad Azri, argued that there was no conclusive evidence that his client had created or initiated the false communication referred to in the charge.
“The witness's own testimony showed that the message had already gone viral on WhatsApp, meaning a key element of the charge had not been proven, and the accused should have been acquitted without being called to enter his defence,” he said.
Wan Muhammad Azri, 42, was charged with creating and initiating a false communication through the Facebook account ‘Muhammad Azri’ on May 28, 2025, containing false information alleging that 11 PKR MPs had withdrawn their support for Anwar, with the intent to annoy and harass others.
The former Umno Youth exco member was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, which provides for a maximum sentence of two years' imprisonment or a fine of RM500,000, or both, upon conviction, as well as a further fine of RM5,000 for each day the offence continues after conviction. – Bernama
