KUALA LUMPUR, May 14 — The High Court here today issued a gag order on Bersatu information committee member Badrul Hisham Shaharin, better known as Chegu Bard, to prevent him from issuing statements or comments on his ongoing criminal defamation case.
Judge K. Muniandy made the decision after allowing the prosecution’s application to review the Sessions Court’s decision to reject the gag order.
In his judgment, Muniandy said it is best if the trial judge hears the case in accordance with the rule of law and procedure without heeding any statement, comment or criticism, which may be levelled in the entirety against the case.
“The legal principles cited pertains to the sanctity of the trial, which has to be preserved at all costs. As the charge signifies, which is pursuant to Section 500 read with Section 499 of the Penal Code, its rationale is to prevent any imputation which will harm the reputation of the king,” the judge said.
The judge said unlike a civil case, where the aggrieved party is in a position to apply for an injunction to prevent and restrain the offender from repeating the defamatory statement, such an avenue is not available to the prosecution in a criminal proceeding, as once the matter reaches the court, the court takes over conduct of the case to ensure justice is not compromised for the prosecution or the accused.
“The institution of a contempt proceeding or the like is a matter to be taken care of eventually when the need arises. Thus, until then, the freshness of issues to be ventilated at the trial as well as sanctity of the trial has to be preserved by the court,” he said.
On April 29, Badrul Hisham, 45, was charged with publishing seditious content on his Facebook page in Taman Bukit Cheras here at 12.15pm on April 6.
The charge was presented in accordance with Paragraph 4(1)(c) of the Sedition Act 1948, punishable under Subsection 4(1) of the same act, and carries a maximum fine of RM5,000, imprisonment not exceeding three years, or both, if convicted.
Badrul Hisham was also charged with issuing defamatory statements, with reason to believe that the defamatory statements would damage the good name of the Yang di-Pertuan Agong.
The offence was allegedly committed at the Office of the Istana Negara Comptroller here at 6pm on January 22, under Section 500 of the Penal Code, which carries a maximum prison sentence of two years, a fine, or both, if convicted.
The court allowed Badrul Hisham bail of RM10,000 with one surety for each charge and rejected the prohibition order requested by the prosecution.
— Bernama
