Kota Kinabalu: A 33-year-old Muslim convert who posted offensive comments on Facebook following the “Allah on socks” issue was jailed six months and fined RM15,000, in default four months’ jail.
Sessions Court Judge Amir Shah Amir Hassan handed the sentence to Ricky Shane Cagampang, who converted to Islam two years ago.
He pleaded guilty to the charge, Thursday.
Ricky had posted the offensive remarks on March 17, at 12.05pm, on Facebook.
The charge stated that Ricky had improperly used the network facilities or network service under Section 233(1)(a) of the Communications and Multimedia Act.
The offence is punishable under Section 233(3) of the same Act which provides a fine of RM50,000, or a jail term of up to one year, or both, and shall also be liable to a further fine of RM1,000 for every day during which the offence is continued after conviction.
Recently, Batu Pahat police seized five pairs of socks bearing the word “Allah” during an inspection at a factory in Sri Gading.
In meting out sentence, Amir said he agreed with the prosecution that public interest becomes the priority of the court as the guardian of the society.
“Everyone is aware that Islam is the federal religion while other religions can also be practised in this country in peace and harmony. And the majority of our country’s population is Muslim.
“The words of Allah and Prophet Muhammad are fundamental and very sacred for Muslims. One of the teachings of Islam is that it strictly forbids its people from insulting other religions.
“And I believe other religions and beliefs also forbid insulting any other religion, because if it is allowed, there will certainly be insecurity in our country which is plural with the diversity of religions, cultures and races.
“In this case, the accused has pleaded guilty and this is to some extent a mitigating factor in sentencing. His written mitigating arguments have been duly considered.
“In his mitigation, the accused stated that he had converted to Islam from Christianity in March 2021. This is quite surprising because it is inappropriate for the accused to post such ugly comments because, as I said earlier, not only Islam forbids it, but I believe Christianity also prohibits such acts.
“Even so, the accused pleaded guilty and felt remorse and stated that he had deleted the post.
“However, it has become a settled law that public interest still prevails over the interest of the accused even if the accused pleads guilty from the initial stage. This is because the accused’s post was very ugly.
“Cases like this should be punished severely because in this borderless world, everyone can easily voice their opinion through social media. And the law also does not prevent anyone from voicing his opinion, but it must be based on existing legal restrictions.
“In this case, the accused has gone beyond the restrictions of the law which not only caused pain or annoyance to the complainant, but also other Muslims out there who can access the accused’s posts.”
In seeking leniency, Ricky claimed he only commented on posts made by the New Straits Times Facebook and did not realise that his post and comments had such serious repercussions that could result in him being charged in court.
He said he deleted his comments within two or three minutes after being posted.
“I apologise sincerely and profusely to all those who have been affected by my posts and comments on my Facebook concerning Islam,” he said, adding he had no intention or motive to degrade Islam.
State Prosecution Director Nahra Dollah, who together with Deputy Public Prosecutor Dacia Jane Romanus appeared for the prosecution, urged for a deterrent sentence saying making offensive remarks about any religion was a very serious offence in a multiracial country.
