PUTRAJAYA – The trial of an independent political analyst who was charged for allegedly posting a video to disparage the judiciary will be held at the Sepang sessions court.
This was after Jufazli Shi Ahmad, 34, lost his bid in the Court of Appeal today to have his case transferred from the Sepang sessions court to the sessions court in Kuala Lumpur.
The three-member bench comprising justices Datuk Vazeer Alam Mydin Meera, Datuk Collin Lawrence Sequerah and Datuk Azmi Ariffin unanimously dismissed Jufazli’s appeal.
Justice Vazeer said the court found that there was merit in the prosecution’s preliminary objection to Jufazli’s appeal.
“We agree that the decision of the high court is not appealable and it is not a final order,” he said in dismissing Jufazli’s appeal.
Jufazli, who contested the Tanjung Papat seat in Sabah as an independent in the 2018 general election, wants the case to be heard in the Kuala Lumpur sessions court, as the alleged publication of the video took place sessions court dismissed his transfer application and his revision application was also dismissed by the high court on November 11 the same year.
Jufazli, a Sabahan, had pleaded not guilty in the Sepang sessions court to a charge of uploading a 20-minute video titled “Hakim Kes IMDB diugut oleh Najib Razak dalam Mahkamah Malaysia!?” in Cheras on January 22, 2021. The video was seen the following day at a location in Cyberjaya.
He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 which provides a fine of up to RM50,000 and a maximum one year jail sentence or both if convicted.
The sessions court had allowed Jufazli to be released on an RM10,000 bail in one surety pending the trial.
In today’s proceedings, deputy public prosecutor P. Sarulatha submitted that the appeal was incompetent as the high court’s decision was not one that finally disposed off Jufazli’s rights and the decision was not appealable.
Jufazli’s lawyer M. Visvanathan, who was assisted by Sanjay Visvanathan, argued that his client, who lives in Cheras, would incur additional costs and time if the trial was held in the Sepang sessions court. – September 14, 2023