Woman guilty of insulting Marudu cop
Published on: Thursday, July 22, 2021
By: Cynthia D Baga
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Kota Kinabalu: A 30-year-old businesswoman was fined RM5,000 or two months’ jail for posting offensive remarks on Facebook with the intention to insult a policeman.

Sessions Court Judge Elsie Primus meted out the sentence to Berallanita Webley who admitted to the charge against her, Wednesday.

Berallanita had posted the offensive remarks on Facebook by using the profile name Cahaya Bridal Kota Marudu, with intent to insult the policeman, on Oct 13, 2019 between 9am and 11.18am in Kota Marudu.

The offence under Section 233(1)(a) of the Communications and Multimedia Act 1998 provides for a fine of up to RM50,000, or a jail term of up to a year, or both, on conviction, and liable to further fine of RM1,000 for each day the offence is continued after conviction.

In handing down the sentence, the court said she gave Berallanita a chance considering that it was her first offence and will not repeat the offence in future.

Elsie said the remarks got 121 likes, 45 comments and three shares and there was bad comments towards a public servant in which she said such posting will embarrass the public servants who were on duty.

She further ruled that the offence committed by Berallanita was a serious one.

During mitigation, Berallanita who was not represented, asked for a minimum sentence saying that her business was affected because of the implementation of the Movement Control Order.

When asked by the court whether the posting was still on her Facebook page, Berallanita replied that the posting had been hide and promised not to repeat the offence.

She informed the court that it was her first offence.

However, Deputy Public Prosecutor Mas Izzaty Lokman urged the court to impose a deterrent sentence on the grounds that Berallanita had embarrassed a public servant by posting such remarks.

The court heard that the policeman had issued three summons to a woman on the same day at 11.18am after which the police then saw the abusive remarks from Cahaya Bridal Kota Marudu posted on Facebook.

Investigation revealed that the owner of the Facebook was Berallanita.


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