PUTRAJAYA: The trial of an independent political analyst who was charged for allegedly posting a video to disparage the judiciary, will be held at the Sepang Sessions Court.
This was after Jufazli Shi Ahmad, 34, lost his appeal in the Court of Appeal on Thursday (Sept 14) to have his case transferred from the Sepang Sessions Court to the Sessions Court in Kuala Lumpur.
A three-member bench comprising Justices Vazeer Alam Mydin Meera, Collin Lawrence Sequerah and Azmi Ariffin unanimously dismissed Jufazli’s appeal.
Justice Vazeer said the court found that there was merit in the prosecution’s preliminary objection to Jufazli’s appeal.
"We agree that the decision of the High Court is not appealable and it is not a final order,” he said in dismissing Jufazli’s appeal.
Jufazli, who contested the Tanjung Papat seat in Sabah as an independent candidate in the 14th General Election, wants the case to be heard in the Sessions Court in Kuala Lumpur as the alleged publication of the video took place in Cheras, Kuala Lumpur.
On July 29, 2021, the Sepang Sessions Court dismissed his transfer application and his revision application was also dismissed by the High Court on Nov 11, the same year.
Jufazli, a Sabahan, had pleaded not guilty in the Sepang Sessions Court to a charge of uploading a 20-minute video in Cheras, Kuala Lumpur on Jan 22, 2021.
The video was seen the following day at a location in Cyberjaya.
He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 which provides a fine of up to RM50,000 and a maximum one year jail sentence or both if convicted.
The Sessions Court had allowed Jufazli to be released on RM10,000 bail in one surety pending trial.
In Thursday’s proceedings, Deputy Public Prosecutor P. Sarulatha submitted that the appeal was incompetent as the High Court’s decision was not a decision that finally disposes off Jufazli’s rights and the decision was not appealable.
Jufazli’s lawyer M. Visvanathan, who was assisted by Sanjay Visvanathan, argued that his client, who lives in Cheras, Kuala Lumpur, would incur additional costs and time if the trial was held in the Sessions Court in Sepang. - Bernama
