[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