[Public Prosecutor vs Rutinin Bin Sulaiman – K42-60-2010] tendency to cause annoyance or abuse to any person. 240 The posting in question says that the HRH Sultan of Perak is “gila” (mad). Although, HRH was not called to testify, it is obvious that such a remark is intended to cause annoyance. Lest it be forgotten, the remark was not posted in a private internet chat session but on the online visitor book of the home page of HRH. Therefore, the prosecution had tendered sufficient inferential evidence 245 to prove intention. As credible evidence in respect of all the ingredients of the offence had been adduced, the learned Sessions Court Judge should have called for the defence. In the premises, I shall allow the appeal and order the accused to 250 enter his defence the said charge. As the learned Sessions Court Judge in question is on study leave, I direct that the parties appear before the lower court registrar for a direction that another Sessions Court Judge continue with this case. 255 sgd 260 (RAVINTRHAN PARAMAGURU) Judicial Commissioner High Court Judge Kota Kinabalu, Sabah Date of Hearing : 22nd November 2012 Date of Decision : 22nd November 2012 10

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