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Rafizi charged under OSA, defaming TH
Published on: Saturday, April 09, 2016
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Rafizi charged under OSA, defaming TH
Kuala Lumpur: Pandan Member of Parliament Mohd Rafizi Ramli claimed trial in the Sessions Court Friday to two charges of illegal possession and exposing an official document.The document allegedly pertained to 1Malaysia Development Berhad (1MDB)'s Audit Report.

He also claimed trial in the Magistrate's Court to a charge of defaming Lembaga Tabung Haji (TH).

Mohd Rafizi, 39, who is also PKR Vice President and Secretary-General, is accused of possession of page 98 of the 1MDB audit report at the Parliament Building lobby in Jalan Parlimen, here, at 3pm on March 24.

He is accused on the second charge of exposing the contents of the 1MDB audit report in a media conference at the same place and time on March 28.

The charges under Section 8(1)©(iii) and 8(1)©(iv) respectively, of the Official Secrets Act 1972, carry a jail term of up to seven years each, on conviction.

Deputy public prosecutor Mohamad Abazafree Mohd Abbas told judge Zulqarnain Hassan when asked about the proposed bail amount, that he and the defence led by counsel R. Sivarasa had agreed on RM3,000 with one surety.

Mohd Rafizi is also accused of committing criminal defamation against tH in his blog, www.rafiziramli.com on the 18th floor of Bangunan Tabung Haji, 201 Jalan Tun Razak, Dang Wangi at 9 am on Feb 18.

The charge under Section 500 of the Penal Code carries a jail term of up to two years or a fine, or both, on conviction.

Magistrate Mohd Rehan Mohd Aris set bail at RM1,000 with one surety and April 29 for re-mention.

Meanwhile, Rafizi said he would have no qualms repeating his actions, despite facing imprisonment.

Asked if he still stood by his actions, now that he is facing a mandatory jail term under the Official Secrets Act 1972 (OSA) for the alleged leak of the federal audit's findings on the state investment firm that remain classified a state secret, he said: "Yeah, if I have the chance, I'll do it again," he told reporters at the court complex.

"I don't understand when people ask whether the risk was worth taking or not. I don't think people should be calculative when it comes to right and wrong. Right is right, wrong is wrong. I'm very certain that what I did was right," the 39-year-old said.

Rafizi said a large team of around 12 lawyers are currently studying legal actions to mount challenges relating to the OSA, but declined to provide details at this point in time.

"Because I think the focus is on the use of the OSA to bury reports or information that are considered detrimental to the government, which I suppose is not in line with what's the purpose of OSA in the first place," he said.

Rafizi, who was also charged with criminally defaming Lembaga Tabung Haji, said he was aware of a criminal probe launched against him several weeks ago.

"Of course to me, it is a lot easier or more dignified for the management of Tabung Haji to take a civil lawsuit but they resort to taking criminal action.

"We'll fight it in court as well because I'm sure my comments on the financial situation on Tabung Haji was justified especially given my background as a chartered accountant," he said.





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