High Court Orders Chegubard to Enter Defence in Criminal Defamation Case Involving King
KUALA LUMPUR: Political activist Badrul Hisham Shaharin, widely known as Chegubard, has been ordered by the High Court to enter his defence in a criminal defamation case involving allegations that he made defamatory remarks against the Yang di-Pertuan Agong.
The ruling came after the High Court allowed an appeal by the prosecution against an earlier Sessions Court decision that had acquitted and discharged the accused without calling for his defence.
In delivering the judgment, Judge Noor Ruwena Md Nurdin ruled that the prosecution had successfully established a prima facie case based on the evidence presented throughout the trial.
The court found that there was sufficient evidence to justify continuing the proceedings to the defence stage, where the accused would have the opportunity to respond to the allegations.
According to the judge, a thorough review of the appeal records, witness testimony and submissions from both parties led the court to conclude that the elements of the offence had been sufficiently established at the prima facie level.
“The court is satisfied that there is credible evidence suggesting that the statements attributed to the respondent were untrue and contained defamatory elements.
“As such, the prosecution has successfully established a prima facie case and the respondent is therefore called upon to enter his defence,” she said.
The judge also noted that appellate intervention was justified where errors involving facts or legal interpretation may have affected the outcome of proceedings in the lower court.
With the latest ruling, the burden now shifts to the accused to provide a reasonable explanation and challenge the prosecution’s case during the defence stage.
The High Court subsequently ordered that the matter be returned to the Sessions Court for continuation of proceedings.
A mention date has been fixed for June 25 to determine the schedule for the defence hearing.
Chegubard, 48, had previously been acquitted and discharged by the Sessions Court in November last year after the court ruled that the prosecution had failed to establish the necessary elements of the offence at the close of its case.
The prosecution later filed an appeal seeking to overturn that decision.
During the trial, four witnesses testified on behalf of the prosecution, including a complainant from Istana Negara, two officers from the Malaysian Communications and Multimedia Commission (MCMC), and the investigating officer responsible for the case.
The trial commenced in May and centred on allegations that the accused had made statements deemed defamatory towards the Yang di-Pertuan Agong.
According to the charge, the statements were allegedly made on January 22, 2025, and subsequently became the subject of investigation and prosecution.
The case was brought under Section 500 of the Penal Code, which provides for a maximum sentence of two years’ imprisonment, a fine, or both upon conviction.
Following the High Court’s decision, the case will now proceed to the defence stage, where the accused will be given the opportunity to present evidence and call witnesses in an effort to rebut the prosecution’s allegations before the court reaches its final determination.
