KUALA LUMPUR (April 8): Opposition lawmaker Rafizi Ramli today suffered a blow when he was charged for possessing and distributing the classified auditor-general's (AG) report on 1Malaysia Development Bhd (1MDB), and with criminal defamation for defaming Lembaga Tabung Haji.
The PKR secretary-general faces disqualification as a member of parliament (MP) if convicted.
Rafizi claimed trial to two charges under the Official Secrets Act 1972 (OSA) before a packed courtroom at the Sessions Court here.
A person convicted of an offence under the OSA carries a minimum jail sentence of one year and a maximum sentence of seven years.
Rafizi was then led to the Magistrate's Court to face another charge under Section 499 of the Penal Code for criminal defamation where he also claimed trial. The punishment for defamation is a jail sentence for a maximum of two years or a fine, or both.
Donning a black coat, Rafizi appeared in court unshaven, but seemed to be in a jovial mood.
An MP faces disqualification from Parliament if he or she is sentenced to one year in prison and above, and ordered to pay RM2,000.
Sessions Judge Zulqarnain Hassan set RM3,000 as bail with one surety, while Magistrate Mohd Rehan Mohd Aris fixed bail at RM1,000 with one surety. Both courts fixed the case management date at 3pm on April 29.
Rafizi was represented by counsel Sivarasa Rasiah, while deputy public prosecutor Abazafree Abbas represented the prosecution.
According to the charge sheet, Rafizi was charged for possessing Page 98 of the AG audit report without approval at the Parliament building on March 24. Therefore, he has committed an offence under Section 8(1)(c)(iii) of the OSA and can be punished under the same section.
For the second charge, Rafizi was charged for distributing the same document at the same venue and disclosing its content in a press conference, thus committing an offence under Section 8(1)(c)(iv) of the OSA, which is punishable under the same section.
Rafizi was also charged for defaming Tabung Haji on his blog on Feb 18 at 9am at the Tabung Haji building.
He had on his blog called on Prime Minister Datuk Seri Najib Razak to appoint a new chairman to restore the people's faith in the fund.
On Tuesday, the vocal MP was arrested as he was exiting the Parliament building gates and was detained under Section 8 of the OSA.
This was after he revealed an excerpt from the AG's report on 1MDB, which is a classified document, to show that 1MDB and the Armed Forces Fund Board (LTAT) had misled the people on the issue of late gratuity payment to about 100 retired army personel.