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SHAH ALAM - The Sessions Court today has granted a discharge not amounting to an acquittal (DNAA) to activist Heidy Quah Gaik Li, 28, over the improper use of network facilities by knowingly creating and transmitting the offensive communications with intent to annoy others.
Sessions Court Judge MM Edwin Paramjothy made the order after finding the charges against Quah were "defective" and did not comply with Section 233 of the Communications and Multimedia Act (CMA) 1998 and Sections 152 to 154 of the Criminal Procedures Code (CPC).
Quah's lawyer, New Sin Yew said the charge failed to adhere to the strict language of the CMA 1998 and that the charge lacks the necessary legal ingredients.
"The accused is left in the dark guessing as to the charge made against her. Her rights under Article 5 of the Federal Constitution have been infringed by the non-compliance of the provisions in the CPC.
"To allow the trial to go on would be an abuse of process, and would diminish or render the accused’s constitutional right to be ineffective or illusory," he said to Sinar Daily.
This came after Quah was charged under Section 233(1)(a) of the CMA, with the prosecution contending that she uploaded the post on June 5, 2020, with the intention to insult others via Facebook using the profile name "Heidy Quah".
The charge was under Section 233 (1) (a) of the CMA 1998, with a maximum fine of RM50,000 or imprisonment for up to one year or both and a fine of RM1,000 for each day the offence is continued after conviction if convicted.
Quah was released on an RM2,000 bail with one surety.
