KUALA LUMPUR: Crackhouse Comedy Club owner Mohamad Rizal Van Geyzel (pic) has been fined RM8,000 by the Sessions Court here for “making and initiating the transmission of offensive communications” that touched on racial sensitivities via Facebook last year.
Judge N. Priscilla Hemamalini meted out the fine after Mohamad Rizal pleaded guilty to the first of three charges made against him.
This was after deputy public prosecutor Nurul’Ain Abu Bakar informed the court that the Attorney General’s Chambers (AGC) had received the third representation filed by Mohamad Rizal on June 7.
“The prosecution agreed to accept the representation for the accused to plead guilty to the first charge made against him.
“However, the two other charges facing Mohmad Rizal are considered ‘taken into consideration (TIC)’ under Section 171A of the Criminal Procedure Code,” said Nurul’Ain.
Mohamad Rizal paid the fine.
On the first charge, Mohamad Rizal, 40 was charged with making and initiating the transmission of offensive communications with intent to offend others via the Facebook application using the profile name ‘Rizal van Geyzel’ on July 4, 2022.
The post was read at the Cyber Crime and Multimedia Investigation Division Office, Commercial Crime Investigation Department, Menara KPJ here at 1.17pm on July 13 last year.
The charge, framed under Section 233(1) (a) of the Communications and Multimedia Act 1998 and punishable under Section 233 (3) of the same Act, provides a maximum fine of RM50,000 or imprisonment not exceeding one year or both, and a further fine of RM1,000 for every day that the offence is repeated after conviction, if any.
For the two other charges, he was alleged to have made and initiated the transmission of offensive communications with intent to offend others via the Instagram handle ‘rizalvangeyzel’ and TikTok account ‘rizalvangeyzel’ on July 5 and 6, 2022, respectively, and the posts were read at the same place, time and date.
Earlier, another deputy public prosecutor handling the case, Noor Haslinda Che Seman, requested the court impose a hefty fine considering that the offence committed was serious enough that it caused public anger.
“The sentence handed down by this court must serve as a lesson not only to him but also to the general public so that they do not commit a similar offence,” she said, Bernama reported.
Lawyer M. Pravin, representing Mohamad Rizal, in his mitigation, said his client has three children, including a child with disabilities, to support.
“He is now divorced from his wife and takes care of three children, aged between three and 11.
“He regrets his action and promised to not repeat the same mistakes,” said the lawyer.
