By Free Malaysia Today

Activist Heidy Quah was charged last year over a social media post in 2020. — BERNAMA

The Sessions ccourt here has dismissed a charge against human rights activist Heidy Quah over her allegedly “insulting” social media post on the mistreatment of refugees at detention centres.

Her lawyer, New Sin Yew, told reporters that the discharge not amounting to an acquittal (DNAA) was granted by Judge MM Edwin Paramjothy today after the court found the charge against Quah defective.

The judge found that the charge was not in compliance with sections 152 to 154 of the Criminal Procedure Code, New said.

“The charge failed to adhere to the strict language of section 233 of the Communications and Multimedia Act (CMA) and that it lacked the necessary legal ingredients,” he said.

Last year, Quah was slapped with one charge under section 233(1)(a) of the CMA, with the prosecution contending that she uploaded the post on June 5, 2020 with the intention to insult others.

If found guilty, she faces a maximum RM50,000 fine, or a jail term of less than one year, or both.

New said the court also held that if Quah’s trial were to proceed, it would be an abuse of process and “that would diminish or render the accused’s (Quah) constitutional right to be ineffective or illusory”.

Police had previously questioned Quah over her post. She surrendered her mobile phone to the authorities during the investigation.