The Sessions Court here today set July 29 for the decision on the case of PKR vice-president Mohd Rafizi Ramli, charged with insulting UMNO members and causing their anger through his remarks published in an article in February, last year.
Judge Azwarnida Affandi fixed the date after hearing the submissions from Selangor Prosecution Unit head, Mohd Azari Harun, and Rafizi's counsel, Eric Paulsen, at the end of the prosecution's case.
Mohd Azari said the accused had deliberately used insulting words in his remarks when interviewed by portal fz.com reporter, Mohd Azril Annuar, over the phone.
"During the interview, the accused made the remarks while the allegation that UMNO was the culprit behind the throwing of molotov cocktail at a church should not have been made.
"Instead, the interview should have revolved around measures to be taen by the opposition over a political issue, in other words, the 'Kajang Move'," he said.
Mohd Azari submitted that the accused also intended to provoke the wrath of UMNO members by making the statement.
"The second prosecution witness, Mohd Halim Wahab, the Hulu Langat Youth chief, testified that the defamatory remarks against UMNO could arouse anger and in fact, could cause religious tension and chaos between Muslims and Christians."
Mohd Azari said based on this element, the prosecution believed there was a prima facie case against the accused after producing seven witnesses to testify.
Paulsen in his submission, however, argued that the element of insult in Rafizi's statement was not proven by the prosecution.
"All the prosecution witnesses stated that they knew the situation in the country at that time was tense due to the arising racial and religious issues.
"It is clear in this context that Mohd Rafizi made the statement with no intention to insult or provoke anyone, but to explain the Kajang Move," said Paulsen.
Rafizi, who is also the MP for Pandan, was charged with deliberately insulting and causing anger to UMNO members through his statement published in an article titled, "Will Rafizi quit if Selangor is not toppled?" which could breach public peace.
Rafizi who was at that time, PKR strategic director, is alleged to have committed the offence at the office of The Edge Malaysia Communication Sdn Bhd, Menara KLK, Jalan PJU 7/6, Mutiara Damansara at 11.40am on Feb 4, last year.
The charge under Section 504 of the Penal Code provides for a jail term of up to two years or a fine, or both.
Bernama
Wed Jul 01 2015
Rafizi who was at that time, PKR strategic director, is alleged to have committed the offence at 11.40am on Feb 4, last year. - File pic
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