Media Statement – 12/3/2025
ERA FM Must Refuse Compound Offer, Also Any ‘Out Of Court Settlement’, As It Impacts On Press Freedom And Puts At Risk Media Organizations For Crimes Committed By Employees, Without Their Knowledge/Consent
Charge those who commit crimes in Court – not for Minister, MCMC or Public Prosecutor to decide on guilt and sentence
ERA FM being ‘penalized’ for actions of some of their employees, which may have been done without the consent or knowledge of ERA FM, is wrong and may cause a serious impact to media/press freedom.
If the alleged crimes, were NOT done with the blessing or approval of the media company, then why should ERA FM on any media outlet be offered a Compound, be charged in court, be suspended or even have their license revoked?
If ERA Consumer pays the Compound, then should not also the relevant employees, Directors, etc be offered compound, or alternatively be charged for the crimes.
Section 244 of Communications And Multimedia Act 1998 (1) If a body corporate commits an offence under this Act or its subsidiary legislation a person who at the time of the commission of the offence was ‘…a director, chief executive officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management-…’ may also be charged jointly with ERA Consumer.
So why was no director or others in ERA FM also offered a Compound, or charged – and this is so wrong because crimes of ‘body corporate’ are committed by individual human persons. Neither was the persons who made/edited the said video or caused in to be uploaded on the internet offered a compound. Neither was the person who appeared in that infamous video.
Note, the law in sec. 244 (1)(b) says that ‘(b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves-(i) that the offence was committed without his knowledge, consent or connivance; and (ii) that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.’ Is ERA FM admitting that the offence/s was committed with its knowledge, consent and connivance?
Remember that a compound ‘…offer to the person suspected to have committed the offence’ – and the payment of the compound means ‘(a) no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made;’
Thus, if ERA FM accepts the compound offer, and pays it – it can be perceived as an admission of Guilt – and considering the nature of this offence, then ERA FM’s license ought to justly be revoked, and all shareholders/Directors/Managers ought to also be ‘blacklisted’ from the media industry.
It is best that ERA Consumer refuse the Compound Offer – and defend itself in Court if they are later charged in Court for any offence.
This is more so since ERA FM is in the media industry, and it certainly do not want to carry on as being perceived as a media outlet that broke the law, more so the crime of ‘wounding the religious feelings of…’ of Malaysian Hindus, and other Malaysians who place a high priority on the respect of religion and religious practices of fellow Malaysians.
Charge the suspected criminals in Court – Only court decides on guilt/innocence and just sentence
MADPET(Malaysians Against Death Penalty and Torture) is certainly most disappointed on the fact that Malaysia, Communication Minister and/or Malaysian Communications and Multimedia Commission (MCMC) Malaysian elected to resolve this matter administratively and to not charge in court Era FM hosts Nabil Ahmad, Azad Jazmin John Louis Jeffri, Radin Amir Affendy and others including maybe ERA FM whose actions/words were videotaped that may amount to ‘wounding the religious feelings of any person’ and/or ‘Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion’.
‘Communications Minister Datuk Fahmi Fadzil said last night that no further action will be taken against Era FM hosts Nabil Ahmad, Azad Jazmin John Louis Jeffri, and Radin Amir Affendy over recent online content that sparked religious tensions…’ Malay Mail, 12/3/2025 . However, there was a qualification as ‘Fahmi also said that under the jurisdiction of the Malaysian Communications and Multimedia Commission (MCMC), the matter is now considered “settled.”…’ This means that they still may be charged under Section 298 and/or Section 298A Penal Code or other laws.
For the criminal acts done, in this case, they can still be charged, amongst others, under the Penal Code for a section 298(Uttering words, etc., with deliberate intent to wound the religious feelings of any person) or section 298A(Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion) offence.
Others have been charged for Section 298 or 298A Penal Code Offences
In the past, there have been cases under these offences like in the case of PP v Tham Yut Mooi([2018] SMCU 307) (where the convicted was sentenced 6 months in prison, and fine of RM5000.00 for sec. 298 Offence) and the case of PP v Jasen Gan [2020] SMCU 193 (where the convicted was sentenced 2 years imprisonment for the s.298A offence). Thus, rightly, the persons involved in this ERA FM workers’ case, can and should also be charged and accorded a fair trial.
It is ONLY the Court, not Minister Fahmi, MCMC or even the Public Prosecutor, that decides on Guilt and the appropriate sentence. The courts, after conviction, will take into consideration all mitigating factors, including the plea of guilt, apology and relevant factors before imposition of sentence which can even be a fine, with no custodial sentence.
MADPET calls for those who committed offence should be accorded equal treatment by the law, there should be no preferential treatment for anyone.
The treatment of these alleged criminals, more so since it involves the mocking of religious practices and beliefs of others in a multi-religious Malaysia is important. The sentence may be minimal, but the important issue is that it be dealt by court, who in making their judgment hopefully will educate all on what exactly was the criminal offence, and why was it a crime. To date, we only know what we saw in the video, and we do not even know the identities of those who made, edited and caused it to be shared widely on the internet. Even if ERA FM, the employer takes all the blame, justice remain undone until the actual perpetrators of the crime are identified, tried and sentenced by court.
Many are disappointed by the action of the State, including the Public Prosecutor, who have prevented the Courts from hearing completely cases and deciding on guilt, and handing down a just sentence. This has happened before in the cases involving, amongst others, Zahid Hamidi, Riza Aziz(Najib’s stepson) and even Kedah Menteri Besar Muhammad Sanusi Md Nor. Even if there are evidence that proves innocence, it should be presented in court, and only courts should decide on guilt, and appropriate sentences.
Likewise, we recall the case of Ahmad Maslan (now Deputy Works Minister) whose trial of criminal charges involving money laundering and giving a false statement to the MACC, was discontinued by reason of his payment of a compound offer of RM1.1 million. (Edge, 29/9/2021)
MADPET reiterates the abolition of Compound Offers for serious crimes of corruption, abuse powers and even crimes involving the mockery of other religions.
MADPET calls on ERA FM to reject the Compound Offer, and if already paid, revoke the Compound agreement, and insist on the charging of the real criminal suspects in Court. MCMC and law enforcement’s duty is to investigate and find relevant evidence, prosecutors should charge and prosecute professionally, and ONLY Courts shall evaluate evidence in a fair trial, decide on guilt, convict and impose a just sentence to ensure justice is done. ‘SETTLEMENT’ has no place in criminal trials, only in civil trials between individuals/entities.
JUSTICE must not only be done but be also seen to be done. ONLY court decides on Guilt of persons/entities.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Era FM case ‘settled’, no action against radio station hosts by MCMC, says communications minister
KUALA LUMPUR, March 12 — Communications Minister Datuk Fahmi Fadzil said last night that no further action will be taken against Era FM hosts Nabil Ahmad, Azad Jazmin John Louis Jeffri, and Radin Amir Affendy over recent online content that sparked religious tensions.
Fahmi also said that under the jurisdiction of the Malaysian Communications and Multimedia Commission (MCMC), the matter is now considered “settled.”
“They have gone through enough,” he told reporters after a breaking fast event with Prime Minister Datuk Seri Anwar Ibrahim and the media.
Before the event, Fahmi was seen speaking with the three hosts, who listened attentively.
“I found that there is immense pressure that they are facing. Indeed, we may consider them celebrities who are always in the public eye. However, recently, due to the incidents that have occurred, and the content uploaded on Era’s official TikTok page, various issues have arisen that I believe have had a negative impact on them.
“Therefore, I urge them to be patient and remain calm in facing this great challenge. I have also informed them that we have no intention of taking any action against them,” he said.
Yesterday, the MCMC decided not to suspend the broadcasting licence of Maestra Broadcast Sdn Bhd, the operator of Era FM, after reviewing the company’s appeal against a suspension notice issued on March 7.
In a statement, the MCMC said its decision was based on the arguments presented in the appeal, remedial actions taken by the licence holder, and a formal apology from the parties involved. - Malay Mail, 12/3/2025
Ahmad (centre) leaving the Kuala Lumpur Courts Complex on Wednesday (Sept 29). He was first charged on Jan 20 last year. (Photo by Zahid Izzani Mohd Said/The Edge)
KUALA LUMPUR (Sept 29): Former deputy finance minister and Pontian Member of Parliament (MP) Datuk Seri Ahmad Maslan was on Wednesday acquitted of charges of money laundering and giving a false statement against him after he agreed to pay a compound of RM1.1 million.
The acquittal was recorded by High Court Justice Datuk Ahmad Shahrir Mohd Salleh.
Justice
Ahmad Shahrir in his decision to grant the acquittal said the learned
deputy public prosecutor (DPP) applied not to continue prosecuting the
accused, and he confirmed that Ahmad would not be made to face the same
charges.
"This stems from the fact that the accused has accepted the offer of a compound and duly paid it. I hereby order the accused to be acquitted of the two charges and the hearing dates are vacated," the judge said.
Ahmad's lawyers from Messrs Shahrul Hamidi and Haziq said the acquittal is not an admission of guilt but a settlement through the payment of the compound in a bid to resolve the matter.
“The prosecution also informed the court that it would not proceed with the charges. For everyone's information, this settlement is not a new process as it took a year before this was accepted and recorded by the court on Wednesday.
“A series of representations were sent to the Attorney-General's Chambers (AGC) as widely reported. The process to settle is a result of a series of applications, discussions, mediation between the parties and this finally became a reality when it was recorded after agreed to by all parties,” the firm said in a statement.
Wednesday was initially fixed for case management of the matter as trial dates were fixed for June next year. However, DPP Mohd Mukhzany Fariz Mohd Mokhtar informed the court of the discharge of the two charges after the politician agreed to pay the compound on Tuesday.
Ahmad was first charged on Jan 20 last year in the Sessions Court under Section 4(1) and Section 32(8) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activity Act 2001, where he received a sum of RM2 million from former prime minister Datuk Seri Najib Razak, which was said to be from 1Malaysia Development Bhd (1MDB).
Ahmad, who was also charged with giving a false statement to the Malaysian Anti Corruption Commission (MACC), claimed trial to the charges.
Seeking clarification from EC
His case was then transferred to the High Court and the defence also wrote to the Election Commission (EC) to clarify his status as an MP and his qualification to contest as stipulated under Article 48A (1) (e) of the Federal Constitution over the issue should the compound be paid.
“It was clear that our client was prepared to face a trial to prove his innocence but at the same time he wanted to find a way to resolve the matter to create a win-win situation.
“The EC responded positively on May 5, 2021 after this was referred to the AGC that payment of the compound would not result in his disqualification as an MP. This led to his evaluation to pay it as a good settlement,” the firm added.
The defence, the firm said, applied to transfer the case to the High Court and this was allowed by Justice Datuk Collin Lawrence Sequerah after noting that there were similar cases.
It added that Ahmad had given his full commitment to the case and the investigation process.
“Let us reiterate that this settlement is not an admission of guilt by Ahmad over the charges and secondly, this settlement is according to the law and has gone through a proper process and is transparent,” the firm said.
“This has nothing to do with any political or external factors, and does not involve any people or the investigative or the prosecuting agency. The settlement is a win-win situation for all,” it said, adding that Ahmad had fulfilled his commitment to resolving the matter by paying the compound as agreed with the loan given by his friends who supported him.
The firm hopes the enactment or guidelines on political financing would help resolve the situation.
Ahmad is the second individual who has paid a compound to be acquitted of money laundering charges in relation to funds allegedly from 1MDB.
In July, Umno-linked lawyer Datuk Wira Mohd Hafarizam Harun was also acquitted of money laundering by paying a compound of RM590,587.26 after his firm was said to have received RM15 million from Najib, which was to be transferred to the former premier's media adviser Paul Stadlen.
The charges against Stadlen were also dropped after he agreed to return RM7.192 million to the MACC. - Edge, 29/9/2021
Sanusi acquitted of sedition charge over unity govt remarks [WATCH]
SHAH ALAM: Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor has been acquitted and discharged (AnD) from another sedition charge related to his remarks questioning Datuk Seri Anwar Ibrahim's statement on the former King's decree concerning the establishment of the unity government two years ago.
High Court judge Datuk Aslam Zainuddin delivered the ruling after hearing submissions from Sanusi's lawyer, Awang Armadajaya Awang Mahmud, who argued that his client should be acquitted rather than granted a discharge not amounting to acquittal (DNAA), as sought by the prosecution.
This came after deputy public prosecutor Datuk Masri Mohd Daud said the prosecution wanted to withdraw and discontinue the charge linked to Sultan of Pahang Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.
"Today was scheduled for trial, but there has been a development. We have received a written notice from the defence, which we have reviewed. The prosecution has decided to apply for a DNAA order," Masri said.
However, Awang Armadajaya argued that Sanusi, the Jeneri assemblyman, should be acquitted outright, as the prosecution no longer wished to pursue the charge.
"If he is granted a DNAA, it does not reflect the prosecution's intent to drop the charge," he said. "With full respect, I request that my client be acquitted and discharged, in line with the prosecution's intention to cease the charge and bring the matter to an end."
Before delivering his ruling, Aslam asked Masri if the prosecution still wished to proceed with the case.
Masri confirmed that he stood by his application for a DNAA, but deferred the decision to the court.
When asked by the judge whether Sanusi's representation had been accepted by the Attorney-General's Chambers, Masri responded affirmatively.
After considering the submissions, Aslam addressed Sanusi, who stood in the dock, and instructed him to rise before delivering his ruling.
"The accused is acquitted and discharged," he said.
Sanusi, dressed in a white shirt and black trousers, appeared calm and composed.
The trial, which had initially been scheduled to last a week, was brought to an early conclusion.
In July 2023, Sanusi had pleaded not guilty at the Selayang Sessions Court to two counts of making seditious remarks that could incite disloyalty towards the Rulers.
He was also accused of making seditious and insulting comments about Sultan Sharafuddin Idris Shah of Selangor near Taman Selayang Mutiara at around 11pm on July 11, 2023.
However, in December last year, Aslam acquitted Sanusi after the prosecution chose to withdraw and discontinue the charge. NST, 24/2/2025
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In the light of the recent last-minute stay of execution granted to Singaporean death row inmate Hamzah Azhar,1 just days after Malaysian Pannir Selvam was also granted a stay of execution,2 the Malaysian Bar reiterates its unwavering call for the complete abolition of the death penalty.