Crime & Courts

Guard charged over offensive FB post leaves court stunned when indecisive over plea

SUNGAI PETANI: A school security guard momentarily stunned the Sessions Court here today when he replied that he was undecided between pleading guilty or claiming trial to a charge of uploading Facebook postings against Islamic preachers.

Abdul Hadi Fadzil, 49, from Jalan Kuala Kangkong in Alor Star, said this after the charge was read by the court interpreter before judge Roslan Hamid.

"I don't know whether to plead guilty or to claim trial," he said when asked to state his plea.

Roslan told the accused that the court could not record his plea as being indecisive.

"If you can't decide, then the court will record your plea as claiming trial," he said.

Hadi, who was unrepresented, just nodded to this in the dock.

The accused was charged with uploading three postings on Facebook with the intention of hurting other people's feelings.

According to the charge, he allegedly committed the offence about 12.15pm on Nov 14 last year, using the Facebook account Abdul Hadi Ben Fadzil.

The charge was framed under Section 23(1)(a) of the Communications and Multimedia Act 1998, which carries a maximum fine of RM50,000 or jail for up to a year or both upon conviction.

Deputy public prosecutor Muhammad Hafiz Hashim proposed bail of RM15,000.

The accused, however, pleaded for a lower bail amount and told the court that he did not have the money to pay such an amount.

Roslan then asked the accused if any of his family members were present in the court to post the bail, to which he replied: "I have a wife, but she's away at work."

The court subsequently fixed bail at RM10,000 with one surety and set Sept 2 for mention and for the accused to appoint a lawyer.

"You may consult with your lawyer to decide whether you want to enter a guilty plea or to claim trial when the case is called for mention," Roslan told the accused.

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