JUDGMENT
[1] On 5 June 2020, at the height of the COVID-19 pandemic, the appellant Heidy Quah tapped the "Send Message" button of her Facebook account to post about the spread of the pandemic in an immigration detention centre among the detainees there, attributing the cause to the lack of safety and health precautions that were supposed to have been taken and the appalling and cramped living conditions at the centre.
[2] Little did she know that she would be charged in the Sessions Court one year later, on 27 July 2021, under s 233(1 )(a) of the Communications and Multimedia Act 1998 ("CMA") for knowingly making and initiating a transmission of offensive comments with intent to annoy others.
[3] The offence carries a fine not exceeding RM50,000.00 or imprisonment for up to one year, or both, with a further fine of RM1,000.00 for each day the offence continues after conviction.
[4] She raised a preliminary objection on 14 April 2022 before the Sessions Court on the grounds that the charge was defective, and the Sessions Court ruled in her favour on 25 April 2022 and granted her a discharge not amounting to an acquittal ("DNAA"). That means that she could still be charged anytime in the future.