According to his lawyer Hanipa Maidin, Mohamad, who is widely known as Mat Sabu, is to be charged under Section 505 of the Penal Code for making statements conducing to public mischief.
He has to be present at the Butterworth Sessions Court at 9am tomorrow.
If convicted, Mat Sabu faces up to two years in jail, a fine or both.
Hanipa said his client was innocent and that the authorities were charging the wrong person.
"They should be charging Utusan Malaysia," he told Malaysiakini.
On Aug 27, Utusan carried several reports condemning Mat Sabu for his Aug 21 speech in Tasek Gelugor, Penang.
The reports, which came a few days before Merdeka Day, alleged that Mat Sabu praised the communist insurgents who attacked the Bukit Kepong police station in 1950, leaving 26 people dead.
Utusan further alleged that the PAS deputy president had treated the insurgents as heroes.
Mat Sabu claims that his words were grossly distorted by Utusan and has filed a defamation suit against the Umno-owned daily.
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Timbalan Presiden PAS Mohamad Sabu akan didakwa di Mahkamah Sesyen Butterworth esok ekoran ucapannya berhubung isu Mat Indera dan tragedi Bukit Kepong.
Tambahnya, pendakwaan terhadap anak guamnya dijangka dibuat pada jam 9 pagi.
Ketika dihubungi Malaysiakini hari ini, Hanipa berkata, pihaknya mempertahankan Mohamad tidak patut dituduh di mahkamah.
"Sepatutnya mereka dakwa Utusan (yang menyiarkan laporan itu)," katanya yang juga peguam PAS.
Jika sabut kesalahan, Mohamad boleh dikenakan hukuman sehingga dua tahun penjara, denda atau kedua-dua sekali.
source:malaysiakini
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