The businessman who was charged with insulting Prime Minister Najib Abdul Razak and wife Rosmah Mansor on Facebook has lodged a police report denying that he had made the said posts.
According to the charge sheet on Kum Eng Choon, 48, had purportedly written “kerajaan sekarang p*** m**, Najib, Rosmah pergi neraka” (The current government is [expletive], Najib, Rosmah go to hell), among others, on his Facebook page at 11.16am on April 5 at Campbell Complex in Dang Wangi, Kuala Lumpur.
However in his police report lodged at the Dang Wangi district police headquarters today, the businessman claimed he has been banned on Facebook since earlier this month.
Kum added he was at his office in Klang at the time of the alleged offence stated in the charge sheet.
“The criminal charge against me was based on a false report. I want action to be taken against the one who lodged the false report,” he said.
Kum’s lawyer, DAP lawmaker Lim Lip Eng said they were lodging the police report according to procedures necessary to prove Kum’s alibi as part of his defence.
“We have to make the necessary applications to inform the court that he has an alibi. It was not him (the culprit), he wasn’t here (in the Dang Wangi vicinity as charged).
“He was banned on Facebook since March 30 until now,” said Lim, adding this was due to some complaints made against his client on Facebook.
Bersih act haunts
Lim however confirmed that Kum had indeed held up a placard bearing the same words as the said posting, during the Bersih 5 rally last year.
A photograph of Kum doing so started to circulate in the social media this month.
Kum was on Thursday charged under Section 505(b) of the Penal Code for statements conducing to public mischief and Section 233 of the Communications and Multimedia Act (CMA) on improper use of network facilities.
Under Section 505 (b) of the Penal Code, a person upon conviction can be punished up to one year in jail, imposed a RM50,000 fine, or both.
A person found guilty under Section 233 of CMA faces a maximum of two years in jail, a fine or both.
Kum could face up to three years in jail if convicted.