Blogger’s trial: Witness confirms receiving advisory fax

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KOTA KINABALU: The trial of a Malaccan blogger, charged with publishing online a statement intended to cause public fear, commenced at the Magistrate’s Court here yesterday.

First witness, Inspector Mohd Nasar Ciyamu, 41, the complainant in the case, testified before magistrate Ryan Sangirann Rayner Jr that on March 6, 2013, his police station received a circulation via facsimile from the Kota Kinabalu police headquarters.

The fax document, he said, had news regarding ‘Ops Daulat’ and it contained an advisory for the police force to take precautionary measures concerning information that some 700 Sulu terrorists would cause chaos in Sabah, and were targeting, especially, security forces in the State.

Yusuf Al Siddique Suratman, 29, was charged with posting an image and statement on March 6–7, 2013, on the controversial blog site, Milo Suam entitled “Maklumat sulit: Pendatang asing bakal cetus huru hara di Sabah?” (Confidential information: Immigrants to cause chaos in Sabah?) supported with a document purportedly from the police.

The charge framed under Section 505 of the Penal Code (making statement conducing to public mischief) is punishable with imprisonment which may extend to two years or with a fine, or both, upon conviction.

To a question by deputy public prosecutor Nur Fakhizaa Abu Bakar, Mohd Nasar, who is also Kota Kinabalu International Airport police station chief, said that the document was shown to all the police station chiefs and district chiefs.

After receiving the fax, he said one Corporal Marsinah, who was on duty that day placed the document inside an ‘Ops Daulat’ file that was at his office, which no one else would have access to.

“I was informed of the receipt of the document by Corporal Marsinah through a phone call,” he said, adding that though unsure of the exact time, it was about 6pm on the day itself when he was already home from the office.

He said there was no instruction to pass the document to other members of the police.

However, after March 7, 2013, he received a call from the Kota Kinabalu district police chief informing him that the document had already been published online on the Milo Suam blog.

He further testified that he was instructed then by the police headquarters to file a report on the incident.

On cross-examination by counsel Goldam Hamid, assisted by Shahlan Jufri, he said the police report was filed to investigate who, amongst the police force, had distributed the document outside the force.

On re-examination by the prosecution, the witness testified that any information received at that time could threaten public order thus would have been investigated by police.

He said that it was on this account that the information on the fax document was verified and truthful and therefore circulated to all the police station chiefs and district chiefs.

On the other hand, Mohd Nasar also testified that a photo of the document was sent to him on the same day itself (March 6) by a member of the police force.

The prosecution had asked, “from a legal perspective, the online publication of the statement is an offence,” to which he answered, “yes, but the offence started at the point when the photo was sent to me first.”

The trial continues today.