Nazri: Section 114A does not cover Umno Youth posting

(The Star) – Section 114A of the Evidence Act cannot be used in the case of Umno Youth’s alleged seditious posting because the amendment is based on presumption of fact and not presumption of guilt, said Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz.

“The amendment is only a form of procedure.”

“It can only be invoked if a person is charged under other laws and the court is convinced to use it to shift the burden of proof to the accused,” he told a press conference Thursday.

Nazri said the accused can then prove their innocence through a balance of probabilities, as how Umno Youth has done by making a police report as soon as possible.