THE Kuala Lumpur High Court has fixed July 31 to rule on the prosecution's appeal against the acquittal of controversial blogger Wan Muhammad Azri Wan Deris, also known as Papagomo, on a charge of uttering seditious words allegedly linking the Malaysian government to Israel and the West.
Justice Nurulhuda Nur'aini Mohamad Nor set the decision date after hearing submissions from both the prosecution and defence on Tuesday.
Wan Muhammad Azri was acquitted by the Sessions Court on Sept 3, 2025, without being called to enter his defence after the court ruled that the prosecution had failed to establish a prima facie case.
During proceedings, Deputy Public Prosecutor Mohamad Mustaffa P. Kunyalam contended that the Sessions Court had placed undue weight on the complainant's decision to withdraw his police report after giving evidence.
He argued that the testimony of the complainant, Hisham Shaharudin, who was the prosecution's first witness, remained valid because it had neither been expunged nor set aside through impeachment proceedings.
"The witness (Hisham) withdrew his police report after he completed his testimony in court. Does this mean the prosecution's case automatically failed and warranted a discharge and acquittal? Respectfully, the prosecution argues that this is not the case," DPP Mohamad Mustaffa said.
He further submitted that the prosecution had established a prima facie case and urged the High Court to order Wan Muhammad Azri to enter his defence.
Deputy Public Prosecutor Deepa Nair Thevaharan also appeared for the prosecution.
Counsel Muhammad Rafique Rashid Ali, representing Wan Muhammad Azri, argued that the prosecution had failed to prove the essential elements of sedition in the impugned statements.
He submitted that the complainant's withdrawal of the police report had significantly undermined the prosecution's case because the very basis of the charge had become defective.
"We submit that the Sessions Court was correct in its decision and the High Court need not intervene in the case," Muhammad Rafique said.
Wan Muhammad Azri was charged on Jan 8, 2024, with making the alleged remarks on Facebook under the account name Halid Hamidi (Halid Mat Kool) at about 1pm on Nov 8, 2023.
The post was subsequently viewed by a 42-year-old man at a condominium unit in Jalan Tong Shin, Bukit Bintang.
The charge was brought under Section 4(1)(b) of the Sedition Act 1948, punishable under Section 4(1) of the same Act, which provides for a fine of up to RM5,000, imprisonment of up to three years, or both, upon conviction.
The prosecution called nine witnesses during the trial. - July 21, 2026
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