A three-member Court of Appeal bench chaired by Justice Azman Abdullah unanimously allowed the prosecution’s appeal to order Sharil Sarif to defend the charges.

In delivering the broad grounds, Justice Radzi Abdul Hamid said the sessions court and High Court had erred in acquitting Sharil.

The lower courts ruled that the prosecution failed to establish a prima facie case by failing to prove intention as Sharil was of unsound mind.

“Defence should be called since the appellant (accused) pleaded insanity. The defence could then recall a consultant psychiatrist to testify,” said Radzi, who was joined on the bench by Justice Meor Hashimi Abdul Hamid.

The appellate court also ordered for the case to be heard before the same sessions court in Kuala Lumpur. The case is fixed for mention on May 15.

Deputy public prosecutor Atiqah Abdul Karim prosecuted while lawyer Pang Tek Kit represented Sharil.

Sharil was charged with two counts of knowingly making and initiating the transmission of insulting communication with intent to annoy others via the “SharilSarif39” Twitter account, between 5.28am and 5.30am on March 12, 2023.

The charges, framed under Section 233 (1)(a) of the Communications and Multimedia Act 1998, are punishable by a maximum RM50,000 fine, up to one year in prison, or both, upon conviction, and a further RM1,000 fine for each day the offence continues after conviction.

Sharil has three previous convictions for similar offences.

On April 26, 2019, he was sentenced to two months in jail by the sessions court after pleading guilty to insulting the then Yang di-Pertuan Agong on Facebook.

He was sentenced to 10 months in jail by the same court on July 6, 2020 for insulting the Agong and Raja Permaisuri on Instagram.

On Sept 24, 2021, he was sentenced to one year in jail and fined RM20,000 by the sessions court here for insulting the Agong on Twitter.