Crackhouse Comedy Club owner Mohamad Rizal Van Geyzel was today fined RM8,000 by the Sessions Court for transmitting offensive communications that touched on racial sensitivities through the Facebook application last year. 

Judge N. Priscilla Hemamalini meted out the fine after Rizal pleaded guilty to the first of the three charges against him. 

This came after deputy public prosecutor Nurul’Ain Abu Bakar informed the court that the Attorney-General’s Chambers (AGC) had received the third representation filed by Rizal on June 7. 

“The prosecution agreed to accept the representation for the person being sued to plead guilty to the first charge made against him. 

“However, the two other charges facing Rizal are considered ‘take into consideration’ under Section 171A of the Criminal Procedure Code,” said Nurul’Ain. 

Rizal paid the fine. 

On the first charge, Rizal, 40, was charged with making and initiating the transmission of offensive communications with intent to offend others via the Facebook application using the profile name ‘Rizal van Geyzel’ on July 4, 2022. 

The posting was read at the Cyber Crime and Multimedia Investigation Division Office, Commercial Crime Investigation Department, Menara KPJ at 1.17pm on July 13 last year. 

The charge, framed under Section 233(1)(a) of the Communications and Multimedia Act 1998 and punishable under Section 233(3) of the same act, provides for a maximum fine of RM50,000 or imprisonment not exceeding one year or both, and an additional fine of RM1,000 for every day the offence is repeated after conviction. 

For the two other charges, Rizal was alleged to have made and initiated the transmission of offensive communications with intent to offend others via the Instagram ‘rizalvangeyzel’ and TikTok ‘rizalvangeyzel’ handles on July 5 and 6, 2022 respectively, and the postings were read at the same place, time, and date.  

Earlier on, another deputy public prosecutor handling the case, Noor Haslinda Che Seman, requested that the court impose a hefty fine on the defendant, considering that the offence committed by him was serious enough to cause public anger. 

“The guilty plea by the defendant does not automatically entitle him to a lower sentence because the sentence to be handed down by this court will also serve as a lesson to the general public so that they do not commit a similar offence,” she said. 

Lawyer M. Pravin, representing Rizal, said his client has three children, including a child with disabilities, to support. 

“He has a 74-year-old father suffering from chronic heart disease and has to bear the cost of his father’s treatment. Following this incident, he has lost his main source of income as a ‘stand-up comedian’. 

“He is now divorced from his wife and takes care of three children, aged between three and 11 years. He regretted his action and promised not to repeat the same mistakes,” said the lawyer. – Bernama, July 7, 2023.