Court of Appeal Grants Chegubard Access to Journalist’s Statement in Sedition Case
PUTRAJAYA, March 13 — The Court of Appeal has allowed an appeal by political activist Badrul Hisham Shaharin, widely known as Chegubard, granting him access to a journalist’s witness statement for use in his defence in an ongoing sedition case.
The decision was delivered by a three-judge panel chaired by Datuk Azman Abdullah, alongside Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid.
In its ruling, the appellate court set aside the earlier decision of the High Court and reinstated the order issued by the Sessions Court directing the prosecution to disclose a statement given by a Bloomberg journalist.
The statement had been recorded under Section 112 of the Criminal Procedure Code and is now to be made available to the defence.
Statement Linked to Sedition Charge
The journalist’s statement is believed to be connected to an article related to the issue forming the basis of the charge against Badrul Hisham.
The activist is currently facing trial at the Johor Bahru Sessions Court over alleged seditious remarks linked to the proposed casino project in Forest City, Johor.
According to the charge, Badrul Hisham allegedly published a seditious statement through a Facebook post on his account under the name “Che GuBard.”
The alleged post was said to have been made at Mutiara Villa in Bukit Bintang, Kuala Lumpur, at around 6.30pm on April 26, 2024.
He was charged under Section 4(1)(c) of the Sedition Act 1948, which carries a maximum penalty of RM5,000 in fines, imprisonment for up to three years, or both upon conviction.
Legal Proceedings Leading to the Appeal
Previously, the Sessions Court had allowed Badrul Hisham’s application seeking disclosure of the journalist’s witness statement.
However, the High Court overturned that order in January this year after allowing a revision application filed by the prosecution.
Following the High Court’s decision, Badrul Hisham filed an appeal with the Court of Appeal to challenge the ruling.
With the latest judgment, the Court of Appeal has now restored the original Sessions Court order granting the defence access to the statement.
Arguments Presented by the Defence
During the appellate hearing, Badrul Hisham’s lawyer Muhammad Rafique Rashid Ali informed the court that the trial at the Sessions Court is scheduled to resume on April 6.
He argued that the charge faced by his client is closely connected to the journalist’s article, making the witness statement relevant to the defence.
According to Rafique, the statement could potentially support the defence’s arguments and may even assist in clearing his client of the allegations.
He maintained that allowing access to the statement was essential to ensure fairness in the trial process.
Prosecution’s Position
Deputy Public Prosecutor Ng Siew Wee opposed the request, arguing that the information contained in the journalist’s article was already within the journalist’s own knowledge.
She said that any facts that might assist the defence could be put directly to the journalist during cross-examination at trial.
Despite the prosecution’s objections, the Court of Appeal ultimately ruled in favour of Badrul Hisham and reinstated the Sessions Court’s directive.
Watching Brief by Malaysian Bar
Lawyer David Dev Peter attended the proceedings holding a watching brief on behalf of the Malaysian Bar.
Following the Court of Appeal’s decision, the sedition trial against Badrul Hisham is expected to continue at the Johor Bahru Sessions Court on April 6, with the defence now permitted to access the journalist’s statement as part of its case preparation.
-wilayah.com.my
