IN an about turn by the authorities, Heidy Quah, the founder of Refuge for the Refugees, said she will not be charged in court tomorrow over a Facebook post about a former detainee’s experience in immigration detention.

The refugee rights activist told The Malaysian Insight she had just been informed by the investigating officer (IO) that she would no longer need to be present at the cybercrimes court in Jalan Duta, Kuala Lumpur, tomorrow. 

“It was just confirmed to me that they won’t be charging me tomorrow. 

“The IO called me about an hour ago, then law and institutional reform minister Azalina Othman Said’s office as well as Deputy Communications and Digital Minister Teo Nie Ching’s office called me to confirm the news,” she said. 

Earlier today, Quah expressed her dissatisfaction at the unity government for retrying her over a Facebook post written some three years ago about a former immigration detainee’s experience.

The 28-year-old said she would be charged again at the cybercrimes court under section 233(1)(a) of the Communications and Multimedia Act 1998.  

Quah asserted that she tried to reach the relevant ministries for clarification on the matter, but it was to no avail. 

“I haven’t got the charge sheet but I was told by the investigating officer that it was for the same charges. 

“I was informed about this (of getting charged) sometime two-weeks back but we wanted to take time to reach out to relevant ministries like the Home Ministry, Communications and Digital Ministry, and also the Attorney-General’s Chambers. 

“We tried but we did not get any response. So, we are going to court tomorrow,” Quah had said. 

Quah was brought to court over a Facebook post she wrote on June 5, 2020 detailing the experiences of a detainee at an immigration detention centre.  

The post appeared at a time when the authorities were taking measures to curb Covid-19 infections by rounding up undocumented migrants. 

She was charged under the multimedia law, which made it a crime to post “any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person”. 

The activist, a recipient of the Women of the Future Award, was given a discharge not amounting to an acquittal by the Sessions Court last year.  

The decision was made by judge M.M. Edwin Paramjothy after allowing a preliminary objection filed by Quah, stating that the charges against her were defective and did not comply with the requirement of section 233 of the Communications and Multimedia Act 1998 and sections 152 to 154 of the Criminal Procedures Code. – February 14, 2023.