Lawyer Rafique Rashid Ali told judge Siti Aminah Ghazali that Hisham Sharudin filed a police report to that effect two hours after giving evidence yesterday.
“The report was made to withdraw the (complaint) that triggered the prosecution’s filing of the charge,” said Rafique, who together with Logen Eskander represented the accused who goes by the moniker “Papagomo”.
Rafique also urged the court to recall Hisham to the witness stand so that a just decision could be made.
Deputy public prosecutor Mustaffa P Kunyalam submitted that the trial could proceed despite Hisham’s retraction as the prosecution’s case did not rest solely on his testimony.
“We have nine other prosecution witnesses and our case should be decided after hearing all of them,” he said.
Mustaffa, who was assisted by deputy public prosecutor T Deepa Nair, claimed the witness had made a “tactical manoeuvre”.
However, he said Hisham’s testimony in court was consistent with the statement he had provided to the police.
Mustaffa said it was for the attorney-general in his capacity as public prosecutor to decide whether to institute, conduct or discontinue a case.
In reply, Rafique said that Hisham, a trader, was a material witness and that the prosecution’s case hinged on his testimony.
“It is important that the witness be recalled as the term ‘tactical manoeuvre’ has been used to label him,” he said.
Aminah then allowed the defence’s application to recall the witness, who is to take the stand at the next hearing on July 29.
The court also allowed the prosecution to call other witnesses to testify, overruling objections from the defence.
In his testimony in court, Hisham claimed he lodged his initial police report because he was worried about potential fighting and unrest following purported provocative remarks by Wan Azri, linking the government with Israel and the West.
He said he had watched videos on the Facebook account of Halid Hamidi and TikTok account “@projekpapa” which featured Wan Azri’s statement prior to making the report.
The witness said Wan Azri’s statements alleging that the government was pro-Israel might incite hatred among the people.
Another witness, senior government officer Zahairi Baharim, who was attached to Wisma Putra between May 2022 and February this year, said police had interviewed him to determine the government’s stand on Palestine between 1957 and now.
“Based on records and statements made by leaders at international conferences, our stand is consistent (that is) not to recognise the state of Israel but only Palestine,” said Zahairi, who was in charge of West Asian affairs.
On Jan 8, Wan Azri pleaded not guilty to charges of incitement.
He was accused of making the remarks on Facebook, which were observed by an individual at a condominium on Jalan Tong Shin, Bukit Bintang, at 1pm on Nov 8 last year.
The charge is framed under Section 4(1)(b) of the Sedition Act 1948, which carries penalties outlined in Section 4(1) of the same law, including a fine of up to RM5,000, a maximum of three years in prison, or both, upon conviction.