: The High Court here today freed Party Keadilan Rakyat (PKR) vice-president Mohd Rafizi Ramli on a charge of insulting and provoking UMNO members through his remarks which was published in an article three years ago.
In acquitting him of the charge, Judge Datuk Ghazali Cha set aside the conviction and fine of RM1,800, in default 10 months' jail, meted out on Mohd Rafizi by the Petaling Jaya Sessions Court on Jan 26 last year.
Ghazali also dismissed a cross-appeal by the prosecution on the sentence.
In the judgment, Ghazali said the charge against Mohd Rafizi was incomplete as required under Section 504 of the Penal Code as it did not state Mohd Rafizi's intent and knowledge in making the remarks.
Based on the charge, it was a general statement to UMNO members and the reaction from that was only a police report by Selangor UMNO, not by UMNO as a whole, and did not involve any incident that could threaten public order, he added.
Selangor prosecuting director Muhamad Iskandar Ahmad, who prosecuted in the case, when met by reporters outside the court, said the prosecution intended to appeal against today's decision.
"I'll submit a report to the Attorney-General and also suggest for the case to be appealed at a higher court," he said.
Mohd Rafizi who is Pandan member of Parliament, was charged with deliberately insulting and causing anger to UMNO members through his statement published in an article, with the title "Will Rafizi quit if Selangor is not toppled?", which could breach public peace.
He was 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, 2014.
The charge under Section 504 of the Penal Code provides for a jail term of up to two years or a fine, or both.
Mohd Rafizi was represented by lawyer Gobind Singh Deo.