KUALA LUMPUR: The High Court here on Wednesday (June 24) ordered activist Badrul Hisham Shaharin, popularly known as Chegubard, to enter his defence on a charge of making defamatory statements against the Yang di-Pertuan Agong Sultan Ibrahim two years ago.
Justice Noor Ruwena Md Nurdin made the decision after allowing the prosecution's appeal against a Sessions Court ruling.
The lower court had previously acquitted and discharged Badrul Hisham, 47, at the end of the prosecution's case.
Justice Noor Ruwena ordered the case to be sent back to the Sessions Court for the defence proceedings.
When reading the decision, she said the court was satisfied that there was evidence showing the statements made by the former Port Dickson Bersatu division chief were untrue and defamatory.
She noted that the prosecution had successfully established a prima facie case against Badrul Hisham, though this could still be challenged during the defence stage.
“In my view, this is an established area of law where the High Court can intervene if there are errors of fact and law by the lower court," Justice Noor Ruwena said.
"At this stage, the burden of proof by evidence has shifted to the respondent to provide a reasonable explanation to rebut the prosecution's case,” she added.
She said the court hearing the defence would later evaluate whether the explanation provided by the accused was credible and reasonable enough to raise a reasonable doubt.
During the proceedings, Badrul Hisham was represented by lawyer Muhammad Rafique Rashid Ali.
The prosecution was led by Deputy Public Prosecutor Faizal @ Amrin Noor Hadi.
On April 29, 2024, the political activist was charged with making defamatory statements with reason to believe that they could tarnish the reputation of the Yang di-Pertuan Agong.
The offence was allegedly committed at the office of the Datuk Pengelola Bijaya Diraja at Istana Negara at 6pm on January 22, 2024.
The charge was framed under Section 500 of the Penal Code, which carries a maximum prison sentence of two years or a fine, or both, upon conviction.
On Nov 4 the same year, the Sessions Court acquitted and discharged Badrul Hisham.
Sessions Court Judge Norma Ismail had ruled that the prosecution failed to prove a prima facie case at the end of its presentation.
