However, Otai Reformis deputy president Mustapa Mansor Amer Mohd Isa, 58, could face a new charge.

Magistrate Fardiana Haryanti Ahmad Razali allowed the application for a DNAA by deputy public prosecutor Zuraidi Zulkifli.

Zuraidi told the magistrate that Mustapa would be charged in a sessions court but did not disclose the nature of the offence.

Mustapa was charged with uploading a video on YouTube and making a statement on April 16 last year with the intention to cause fear or alarm to the public.

The offences under Section 505 of the Penal Code carry a jail term of up to two years or a fine or both upon conviction.

The magistrate ordered the bail of RM6,000 to be returned to the bailor.

Lawyer Jadadish Chandra said that Mustapa was likely to face a charge under the Communications and Multimedia Act 1998 (CMA) for sharing offensive and menacing content on social media.

The offence under Section 233 of the CMA carries a maximum fine of RM50,000 or a jail term not exceeding one year or both.

“I believe the prosecution wants to frame a charge in the sessions court that carries a stiffer penalty,” he told FMT.