Activist ordered to enter defence for disparaging judiciary in video

Activist ordered to enter defence for disparaging judiciary in video

SEPANG: An activist accused of disparaging the judiciary in a video three years ago has been ordered to enter his defence for improper use of network facilities.

Sessions court judge Ahmad Fuad Othman said the prosecution had established a prima facie case against Jufazli Shi Ahmad, 35.

The judge said a presumption under Section 114A of the Evidence Act 1950 had been triggered even though there was no direct evidence to show the accused was the one who uploaded the video to his TikTok account.

Under the section, the owner, host, administrator, editor or sub-editor of an online publication is presumed to be the publisher of content, unless the contrary is proved.

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The court has fixed Oct 23 for Jufazli to enter his defence.

Jufazli is said to have uploaded a 20-minute video titled “Hakim Kes 1MDB diugut oleh Najib Razak dalam Mahkamah Malaysia!?!?” on Jan 22, 2021. The video was seen the following day at a location in Cyberjaya.

The Sabahan, who now lives in Cheras, is said to have improperly used network facilities under Section 233(1)(a) of the Communications and Multimedia Act 1998.

If found guilty, he could be fined up to RM50,000, sentenced to a maximum of one year in jail, or both.

Lawyers M Visvanathan and Sanjay Visvanathan appeared for Jufazli while deputy public prosecutor Ahmad Zuhaini Mahamad Amin represented the prosecution.