5 September 2016
KUALA LUMPUR: Activist and graphic designer Fahmi Reza is seeking to stay the criminal trial on a charge against him for uploading a clown picture that resembled Prime Minister Najib Abdul Razak. He claimed trial on June 6.
Fahmi’s lawyer, Syahredzan Johan, told the court that he had filed a challenge on the constitutionality of the charge against Fahmi under Section 233(1) of the Communications and Multimedia Act (CMA). The charge states that he made improper use of network facilities to post a picture on his Instagram account with intention to upset others.
“We also filed for stay of trial proceedings,” he said.
The trial set for three days until Wednesday was vacated by Sessions Court judge Zaman Mohd Noor.
Judge Zaman set October 11 to hear Fahmi’s bid to stay his criminal proceedings.
After proceedings, Syahredzan told reporters that Fahmi was challenging Section 233(1) of the CMA on the grounds that it was unconstitutional. “The charge against him was defective as it does not state who was offended by the sketch,” he added.
Fahmi, 39, had previously written on Facebook that he would be challenging the CMA Act on the grounds that it violates freedom of speech.