Judge Nor Hasniah Ab Razak said the charges were “flawed and unfounded”, and allowed an initial objection to the charges by Fahmi’s lawyer, N Yohendra, Bernama reported.

She granted Fahmi a discharge not amounting to an acquittal.

The preliminary objection had been filed on Aug 30 on the grounds that the charge did not contain sufficient details, was flawed and contradicted the requirements of the Criminal Procedure Code.

Fahmi had pleaded not guilty on Feb 17 to knowingly making and initiating the transmission of an obscene posting on Facebook about a liquor ban on June 1 last year.

Fahmi was charged under the Communications and Multimedia Act 1998. The charge carries a maximum fine of RM50,000 or up to a year’s jail or both, with a further fine of RM1,000 for each day the offence continues after conviction.

The prosecution was led by deputy public prosecutor Najihah Farhana Che Awang.