Political activist Jufazli Shi Ahmad has been fined RM11,000 by the Sessions Court here today after he was found guilty of creating and initiating the transmission of offensive communication involving former Prime Minister Datuk Seri Ismail Sabri Yaakob and Umno four years ago.
Sessions Court Judge Izralizam Sanusi imposed the fine on Jufazli, 37, after ruling that the prosecution had successfully proven the case beyond reasonable doubt at the end of the defence stage.
The judge said the court had carefully considered the accused’s defence as well as testimonies from witnesses before finding Jufazli guilty and convicting him on the charge.
The court also ordered Jufazli to serve 11 months in prison if he fails to pay the fine.
Izralizam reminded the accused not to repeat similar offences in the future, warning that any repeat offence could result in a heavier punishment, including imprisonment.
Jufazli was charged with knowingly creating and initiating the transmission of offensive communication by uploading a video on the TikTok account @King Maker at about 3pm on June 23, 2022.
The video was later accessed and viewed at the Criminal Investigation Department office of the Dang Wangi District Police Headquarters (IPD) at about 3pm on June 24, 2022.
The charge was framed under Section 233(1)(a) of the Communications and Multimedia Act 1998, punishable under Section 233(3) of the same Act. The offence carries a maximum fine of RM50,000, imprisonment of up to one year, or both upon conviction.
The law also allows an additional fine of RM1,000 for each day the offence continues after conviction.
In his ruling, the judge said the court considered Jufazli’s defence that the man shown in the TikTok video was not linked to him as the individual in the recording did not identify himself as Jufazli Shi Ahmad.
The accused had also claimed that facial comparison analysis showed the person in the video did not resemble him, citing a mole above the right side of his nose as a difference.
However, Izralizam said the defence that Jufazli had never uploaded the video on the TikTok account was contradicted by a Malaysian Communications and Multimedia Commission (MCMC) report, which confirmed that the account was operated by the accused.
The judge added that Jufazli also did not lodge a police report to deny his alleged involvement in the video.
