[UPDATED] Rizal van Geyzel claims trial to inciting racial tensions online

KUALA LUMPUR – Crackhouse Comedy Club co-founder Mohamad Rizal Johan van Geyzel, who allegedly incited racial tensions through online postings, has pleaded not guilty to three charges at the sessions court, here today. 

Rizal, 39, maintained his innocence after each charge was read to him before sessions court judge Nor Hasniah Ab Razak.

The charges stated that he was accused of posting the same recording on three separate social media platforms with the intention of causing disharmony among the people. 

The first charge was regarding a Facebook posting on July 4, the second an Instagram post on July 6, and the third a TikTok video uploaded on July 5.

The charges were made under Section 233 of the Communications and Multimedia Act 1998 (CMA 1998), which covers the misuse of communications networks and carries a maximum of one year in jail, or a fine of up to RM50,000.

Hasniah set bail at RM12,000 with one surety. 

Besides requiring Rizal to hand over his passport, she also ordered Rizal to not make any social media posts relating to the case. 

Deputy public prosecutors Nor Haslinda Noor Che Seman and Nurul ‘Ain Abu Bakar appeared for the prosecution while the accused was represented by lawyer Ramkarpal Singh. 

The sessions judge then set August 19 for mention.

Haslinda had earlier noted that while the charges are for a non-bailable offence, the court should consider how Rizal is accused of disturbing public peace by touching on racial sensitivities, if it were to decide on setting bail for the accused. 

She submitted for the court to set bail at RM30,000, and called for Rizal’s passport to be handed over as well as to impose a gag order. 

In response, defence lawyer Ramkarpal had objected to the “punishing” proposal, labelling the gag order requirement as being “too much” and submitting instead for bail to be set at RM2,000 for each charge. 

He also said that as the sole breadwinner of his family, Rizal is currently taking care of three young children under the age of 13, and a 70-year-old father suffering from cancer. 

“The accused has given full cooperation with police during previous investigations…there is no reason to suspect him of absconding.”

Media photographers stationed outside the courthouse were unable to capture images of Rizal as he had allegedly arrived at the courthouse before 8am today for his hearing at 9.30am. 

It is learnt that Rizal was accompanied by his older sister, who is also set to be his bailor. 

On Tuesday (July 19), Rizal told The Vibes that he had lodged a police report at the Taman Tun Dr Ismail police station over death threats made against his family, believed to have stemmed from recent controversies. 

On the same day, Crackhouse Comedy Club’s premises were vandalised with splashes of red paint, leading to damages estimated to be around RM3,000.  

In a subsequent statement, Brickfields district police chief Amihizam Abdul Shukor said that the incident is being investigated under Section 427 of the Penal Code for committing mischief, which provides for imprisonment for up to five years or a fine or both, if found guilty.

Last Thursday (July 14), a source disclosed to The Vibes that Rizal had been detained for 24 hours by authorities at the Dang Wangi district police headquarters for questioning over several viral videos. 

Federal police secretary Datuk Noorsiah Mohd Saaduddin had later confirmed the arrest of a 39-year-old man in the Klang Valley, adding that the case is being probed into under the Sedition Act 1948 and the CMA 1998. 

Rizal was freed from custody the following day, with lawyer Ramkarpal noting that the court had denied police’s request to remand the man for four days, instead granting a one-day remand. 

Previously, it was reported that several police reports had been lodged nationwide against Rizal for allegedly insulting Malays in viral videos, with the Semboyan Malaysia Consumers Association chaired by Yusuf Azmi promising to hold a protest on the comedy clubs’ premises if authorities do not permanently shut down the business. 

Recently, Crackhouse Comedy Club has been embroiled in controversy, following a viral video of a woman claiming to be a Muslim and to have memorised 15 chapters (juzuk) of the Quran before stripping off her headscarf and baju kurung during an open mic comedy skit at the club on June 4. 

The club subsequently lodged a police report at the Taman Tun Dr Ismail police station against Siti Nuramira Abdullah, 26, adding that she and her partner had been barred from the venue immediately after the performance.

Her act eventually led to the Crackhouse Comedy Club’s operating licence being temporarily suspended by the Kuala Lumpur City Hall, a move which has been criticised by some of the biggest names in Malaysian comedy and similar venues.

Deputy Federal Territories Minister Datuk Seri Jalaluddin Alias also said that DBKL will issue a show-cause letter to the comedy club as it was running with only a restaurant licence, and not one needed for entertainment.

On July 13, Siti Nuramira had pleaded not guilty to charges of inciting religious disharmony during her performance at the comedy club, with judge Siti Amirah Ghazali setting bail at RM20,000 with one surety and August 18 for mention.

Her partner, Alexander Navin Vijayachandran, 38, also maintained his innocence against two charges under Section 233(1)(a) of the CMA 1998 for uploading insensitive materials to online platforms, and faced a RM20,000 bail in total. 

The couple had managed to raise enough money to secure their combined bail of RM40,000 four days after a crowdfunding initiative – supported by legal rights group Lawyers for Liberty – was started. 

Siti Nuramira will also not be charged at the shariah high court as the Federal Territories Shariah Prosecution Department has decided to not pursue charges against her to avoid repeated charges in different courts. 

Her legal team confirmed with The Vibes that she was released from the custody of Federal Territories Islamic Religious Department without any sureties or bond after being rearrested once she made bail. – The Vibes, July 22, 2022