The Kuala Lumpur High Court today dismissed the prosecution's preliminary objection against the application by a graphic designer to strike out the charge against him.

Judicial commissioner Mohamad Shariff Abu Samah made the decision after hearing submissions from deputy public prosecutor Ahmad Nazneen Zulkifli and Mohd Fahmi Reza Mohd Zarin's counsel Syahredzan Johan.

The judge in his decision said the court did have the jurisdiction to hear the accused's application to strike out the charge.

"Hence, the court rejects the preliminary objection submitted by the prosecution," he said.

The court also set Feb 23 for submissions by the two parties on the accused's application.

Fahmi, 40, filed the application on Aug 17, 2016, alleging that the charge against him was unconstitutional,inconsistent with the Federal Constitution, invalid and inadequate.

The prosecution filed the preliminary objection on Oct 19, 2016 on grounds that the motions submitted by the accused in his application were not provided for under the law in regard to the high court's jurisdiction.

Fahmi claimed trial in the Sessions Court on June 6, 2016, to a charge of uploading a fake picture of the prime minister in his Instagram account with intent to cause offence.

He allegedly committed the offence on Jan 31, 2016 at an address in Bandar Bukit Puchong 2, Puchong, Selangor at 6pm on Feb 1, 2016.

The charge under Section 233(1)(a) of the Communications and Multimedia Act 1998, punishable under Section 233(3) of the same Act, carries a maximum two years jail or RM50,000 or both, on conviction.

- Bernama