KUALA LUMPUR: A trader has withdrawn the police report lodged against Wan Muhammad Azri Wan Deris, also known as Papagomo, for allegedly making seditious remarks linking the government with Israel and the West.
Lawyer Muhammad Rafique Rashid Ali, representing Wan Muhammad Azri, said that Hisham Sharudin, the first prosecution witness, lodged a police report indicating his intention to withdraw the earlier report after providing two hours of testimony in court on Thursday (July 11).
"The initial police report against Wan Muhammad Azri that triggered this case is being heard in this court. I request the court's permission to use Section 425 of the Criminal Procedure Code to recall the witness so that a just decision can be made," he said during the hearing of the former Umno Youth exco member’s case on Thursday (July 12).
Section 425 stipulates that the court, at any stage of the trial, may recall any witness if their testimony is important before the court makes a decision.
Deputy public prosecutor Mohamad Mustaffa P. Kunyalam argued that Hisham's retraction should not be considered at this stage to discontinue the prosecution's case.
"Even if a witness refuses to continue with the case, the prosecution against the accused can continue. It was found that there was a 'tactical manoeuvre' made in which the witness only intended to withdraw the report after his testimony had been given to the court," said Mohamad Mustaffa.
"If the witness refuses to testify at the beginning of the examination-in-chief, the prosecution has the right to use Section 357 of the Criminal Procedure Code to force him to testify in court," he said.
After hearing the arguments of both parties, Judge Siti Aminah Ghazali allowed the defence's request to recall the witness, and the trial resumed on Thursday (July 11).
However, Hisham was not present at Thursday's proceedings, and the court called other witnesses to testify.
Based on the police report, Hisham willingly and without coercion from any party withdrew the police report as he did not want to continue the investigation and the matter has been resolved.
Meanwhile, Foreign Ministry’s Administrative and Diplomatic Officer Datuk Zahairi Baharim told the court that Prime Minister Datuk Seri Anwar Ibrahim, in the Dewan Rakyat, expressed the Malaysian government's firm stance against the tyranny, oppression, and extortion by the Israeli regime against the Palestinian people in Gaza.
"Based on Anwar's speech in Parliament, it clearly shows that the government he leads has never been pro-Israel. Therefore, negative statements that can lead to an interpretation that tends to influence the people that the government has changed its view or supports Israel are dangerous and are not based on accurate and authentic facts," he said when reading his witness statement.
Additionally, the fifth prosecution witness said Anwar had reiterated the Malaysian government's stance in support of Palestine and condemned the brutal actions of the Israeli regime against Palestinians in Gaza at several conferences, including the Asean-GCC (Gulf Cooperation Council) Summit on Oct 19, 2023, in Riyadh, Saudi Arabia, and the ‘Himpunan Malaysia Bersama Palestin’ at Axiata Arena, Bukit Jalil.
Wan Muhammad Azri was accused of making seditious remarks on Halid Hamidi's (Halid Mat Kool) Facebook page, seen by an individual at a condominium unit in Jalan Tong Shin, Bukit Bintang, at 1pm on Nov 8, 2023.
He was charged under Section 4(1)(b) of the Sedition Act 1948 and can be punished under Section 4(1) of the same act, which carries a fine of up to RM5,000 or imprisonment of up to three years, or both, if convicted.
The trial continues on July 29. – Bernama
