The Court of Appeal has reinstated an order for prosecutors to hand over a Bloomberg journalist’s statement to activist Badrul Hisham Shaharin for his defence in a sedition trial.

PUTRAJAYA: The Court of Appeal today allowed activist Badrul Hisham Shaharin’s appeal to obtain a Bloomberg journalist’s witness statement for his defence. A three-judge bench reinstated a Sessions Court order directing the prosecution to disclose the statement recorded under the Criminal Procedure Code.

The bench, chaired by Datuk Azman Abdullah, set aside a High Court decision that had overturned the lower court’s order. Badrul Hisham, known as Chegubard, is on trial at the Johor Bahru Sessions Court for allegedly making seditious remarks about a casino project in Forest City, Johor.

He faces a charge under the Sedition Act 1948 for a publication on his Facebook page. The alleged offence carries a maximum penalty of a RM5,000 fine, three years’ imprisonment, or both.

The Sessions Court had initially allowed his application for disclosure of the statement last year. The High Court overturned that order in January, prompting Badrul Hisham’s appeal to the higher court.

His lawyer, Muhammad Rafique Rashid Ali, argued the statement was crucial as the charge is linked to the journalist’s article. He submitted that the statement could help exonerate his client.

Deputy Public Prosecutor Ng Siew Wee countered that all necessary information was already in the article. He said any facts to clear the accused could be put to the journalist during trial questioning.

The Sessions Court trial is scheduled to resume on April 6. Lawyer David Dev Peter held a watching brief for the Malaysian Bar during the appeal proceedings.

 The Sun Malaysia