[Public Prosecutor vs Rutinin Bin Sulaiman – K42-60-2010] The quality of the recording of the statements was in doubt. The second set of statements was recorded at 10 p.m. witnesses could have been under pressure. 115 Therefore There was also a question whether others had access to the computer. 5. The investigation focused on “technicalities”. There was no investigation on the sender of the offensive posting. 120 Grounds of appeal The primary ground of appeal is that the prosecution had adduced sufficient evidence to support the elements of the offence in question and therefore the Sessions Court Judge should have called for the defence of the accused. 125 Decision Section 233(1) (b) of the Communications and Multimedia Act 1998 which is the offence creating provision reads as follows: 233. Improper use of network facilities or network service, etc. (1) A person who- 130 (b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address, commits an offence. 135 5