Kota Kinabalu: The Secretary-General of the Consumers Front of Sabah (CFOS) was granted a discharge not amounting to an acquittal (DNAA) on a charge of posting abusive comments on Facebook that allegedly hurt the feelings of others.
Sessions Court Judge Hurman Hussain gave the DNAA to Hashimah Hasbullah, 45, when the case came up for mention on Thursday.
Hashimah was accused of posting the comments, which were read by Bharu Sam Bakri at 6.27pm on Feb 18, 2024, at the Beaufort police station.
The comments were allegedly intended to hurt the feelings of others.
The offence, under Section 233(1)(a) of the Communications and Multimedia Act 1998, carries a fine of up to RM50,000, or imprisonment of up to one year, or both, upon conviction.
The court ordered that Hashimah’s bail be refunded and her passport returned.
Deputy Public Prosecutor (DPP) Fazriel Fardiansyah Abdul Kadir appeared for the prosecution, while Azhier Farhan represented Hashimah.
Hashimah said the DNAA was granted pending the appeal against the Court of Appeal’s decision in the case involving activist Heidy Quah, who challenged the constitutionality of Section 233 of the CMA.
In a separate case, a 31-year-old man was sentenced to five years’ jail and one stroke of the cane for repeatedly taking syabu.
Sessions Court Judge Amir Shah Amir Hassan handed down the sentence to Azri Sakmat, who pleaded guilty to the charge.
Azri tested positive for syabu after his urine was taken at the Tuaran police station at 10.30am on Aug 25 this year. He had two previous convictions for the same offence.
The court ordered Azri to serve his sentence from the date of arrest and to be placed under police supervision upon release.
DPP Bryan Francis prosecuted the case.
