PUTRAJAYA: The Court of Appeal has allowed an appeal by Badrul Hisham Shaharin, also known as Chegubard, to reinstate the Sessions Court order directing the prosecution to disclose a witness statement to him for use in his defence in a sedition case.
A three-man bench chaired by Datuk Azman Abdullah, sitting with Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid, set aside the decision of the High Court on Friday (March 13) and reinstated the Sessions Court's order for the prosecution to disclose the Bloomberg journalist Ram Anand's statement recorded under Section 112 of the Criminal Procedure Code to the defence.
Badrul Hisham, a political activist, is facing a charge at the Johor Baru Sessions Court with making seditious remarks related to the casino project in Forest City in Johor.
According to the charge, he allegedly made the seditious publication in his Facebook account under the name "Che GuBard" at Mutiara Villa, Bukit Bintang, Kuala Lumpur, at 6.30pm, on April 26, 2024.
The charge was brought under Section 4(1)(c) of the Sedition Act 1948, which provides for a maximum fine of RM5,000 or imprisonment for up to three years or both if found guilty.
Last year, the Sessions Court allowed Badrul Hisham's application for disclosure of the statement.
However, in January this year, the High Court overturned that order after allowing the prosecution's revision application. Badrul Hisham subsequently filed an appeal to the Court of Appeal.
During the proceedings at the Court of Appeal on Friday, Badrul Hisham's lawyer Muhammad Rafique Rashid Ali told the court that the trial at the Sessions Court is scheduled to resume on April 6.
He submitted that the charge faced by his client is linked to the journalist's article and that the statement could be used in favour of the defence and may help to exonerate his client.
Deputy Public Prosecutor Ng Siew Wee countered, saying that all information stated in the article are within Ram's knowledge, and any facts necessary to clear Badrul Hisham can be put to the journalist during questioning at the trial.
Lawyer David Dev Peter held a watching brief for the Malaysian Bar. - Bernama
