KUALA LUMPUR: Graphic designer and activist Mohd Fahmi Reza Mohd Zarin or better known as Fahmi Reza was today granted a discharge not equivalent to an acquittal (DNAA) by the Sessions Court for posting an obscene message on social media regarding the ban on the sale of alcohol in the country. . Judge Nor Hasniah Ab Razak made the decision after allowing the initial objection of lawyer N. Yohendra who represented 45-year-old Mohd Fahmi Reza as the person being prosecuted (OKS). “The court released without acquitting the OKS of the charges after finding that the charges were flawed and unfounded,” Nor Hasniah said during the proceedings which were also attended by Deputy Prosecutor Najihah Farhana Che Awang.
On August 30, Mohd Fahmi Reza submitted a preliminary objection to the prosecution on the grounds that the prosecution lacked sufficient detail, was erroneous, and contradicted the requirements of Articles 153 and 154 of the Code of Criminal Procedure. On February 17, Mohd Fahmi Reza pleaded not guilty to the charge of knowingly publishing and initiating the transmission of an obscene message regarding the issue of the prohibition of the sale of alcohol in this country, with the intention to offend others via his Facebook page using the “Fahmi Reza” profile at 11:45 a.m. on June 1, 2021.
The message was then read at a unit Melur Apartment, Sentul Perdana, Bandar Baru Sentul here, at 9 a.m. on June 2, 2021. The charge is in accordance with section 233 (1) (a) of the law Communications and Multimedia Act 1998 and may be punished under Section 233(3) of the same Act, which is punishable by a fine not exceeding RM50,000 or imprisonment not exceeding not a year or two, and an additional fine of RM1,000 for each day the offense continues after conviction.