KUALA LUMPUR (April 6): Crackhouse Comedy Club co-owner Mohamad Rizal Johan Van Geyzel has sent a second letter of representation to the Attorney General's Chambers (AGC) to drop the three charges brought against him over social media postings which had allegedly incited racial sentiments.
During a brief mention of the case before Sessions Court judge Priscilla Hemamalini Nadarajan, Mohamad Rizal's counsel Pravin Mahentharan informed the court that they gave the prosecution the letter on Thursday (April 6) morning.
"We gave [the prosecution] the letter this morning, because there were new developments last week. This development is important to the case, which may save the court's time," he said.
Deputy public prosecutor Noor Haslinda Che Seman informed the court that she will need about a month's time to review the letter, and bring it to the attention of her superiors.
Following this, the judge set May 31 for mention to inform the court of the development regarding the second letter of representation.
She also vacated the trial dates for April and May. The trial was previously slated to start on April 10.
Pravin also informed the court that he will be making an application early next week to obtain his client's passport temporarily, so that his client could travel to perform the umrah from May 15 to 29.
Earlier in January, the AGC rejected Mohamad Rizal's first letter of representation.
Mohamad Rizal, 39, was charged last July for making and initiating the transmission of offensive communications, with the intent to offend others through his social media posts.
The three charges were framed under Section 233(1)(a) of the Communications and Multimedia Act 1998, which deals with improper use of network facilities or network services.
The offences are punishable under Section 233(3) of the same Act, and he is liable, among others, to a fine not exceeding RM50,000 or imprisonment not exceeding one year or both.
Mohamad Rizal pleaded not guilty and claimed trial. The court set bail at RM12,000, with one surety. He was also ordered to surrender his passport.
Besides this, Mohamad Rizal along with co-owner Shankar Santhiram have taken legal action challenging the Kuala Lumpur City Hall’s (DBKL) decision to revoke the club's licence and bar them from operating any business in the capital.
The leave (permission) for their judicial review application is set for a hearing on May 23.
DBKL's ban came after a controversial stand-up routine at the club in Taman Tun Dr Ismail here last July.