JOHOR BARU, May 16 — The High Court here will decide next Monday on the gag order against Parti Pribumi Bersatu Malaysia information committee member Badrul Hisham Shaharin that bars him from making any remarks on his ongoing criminal defamation case about a casino in Forest City.
Judge Datuk Abu Bakar Katar made the decision after hearing arguments from prosecution and defence lawyers for today’s judicial review application following the April 30 Sessions Court rejection of the prosecution's application in seeking a restraining order against Badrul Hisham.
The prosecution was represented by Kuala Lumpur prosecution director Datin Kalmizah Salleh, senior deputy public prosecutors Mohd Sabri Othman and Abdul Malik Ayob, and aided by deputy public prosecutors Nurilya Ellyna Nor Azmal and Mohd Syafiq Mohd Ghazali.
Badrul Hisham, who is popularly known as Chegu Bard, was represented by Muhammad Rafique Rashid Ali.
In the prosecution’s arguments earlier, Kalmizah said that a serious injustice had resulted when the Sessions Court judge rejected the restraining order.
"It is not appropriate for the Yang di-Pertuan Agong to be dragged into such a situation,” she said.
However, Muhammad Rafique countered that the restraining order should not be allowed because the original article regarding the casino issue in Forest City remains in circulation and has not been taken down by the two international media outlets.
"The prosecution has the power at any time to initiate contempt proceedings if there is an offence committed by my client,” he said.
Abu Bakar then set May 20 for a decision to either uphold the Sessions Court's earlier decision or set it aside and issue a restraining order.
On April 29, Badrul Hisham, claimed trial to two counts of making seditious remarks and defaming the King Sultan Ibrahim.
According to the charge, the 45-year-old Perikatan Nasional politician was accused of making defamatory statements where he had reason to believe that it would damage the reputation of the Yang di-Pertuan Agong.
The alleged offence took place at the Istana Negara at 6pm on January 22.
The charge under Section 500 of the Penal Code which provides for a maximum jail term of two years or a fine, or both, upon conviction.
Badrul Hisham also faces another charge of making a seditious post at Taman Bukit Cheras in Kuala Lumpur at 12.15pm on April 6.
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