Che'gu Bard slapped with a gag order

Johor Bahru High Court issued a gag order against Bersatu information committee member Badrul Hisham Sharin, better known as Che’gu Bard from making any statements or comments the case of casino in Forest City that he is currently facing.

Judge Datuk Abu Bakar Katar made the ruling after allowing the prosecution’s application to review the decision of the Sessions Court that dismissed the application for a gag order.

In his ruling, Abu Bakar found that the Sessions Court failed to consider the overall scenario involving the respondent.

He pointed out that Che’gu Bard is already facing two separate charges in Kuala Lumpur Sessions Court related to sedition and defamation against the Agong.

“Respondent have been granted bail for his cases in Kuala Lumpur Sessions Court and in Johor Bahru. As such the respondent is free to use social media to make a posting or comments related to this case too.

Freedom of expression not absolute

“It is here that the Sessions court judge failed to consider a clear and major risk for the respondent to repeat posting the same remarks against the Agong if a gag order is not given.

“This court is of the opinion that Article 10 of the Federal Constitution provides for freedom of expression for the respondent but it is not an absolute right. Right to express is bound by the law.

“The respondent doesn’t need to use his social media to defend his right against the charges he is facing. The respondent would get a fair trial as guaranteed in Article 5(1) of the Federal Constitution.

“The respondent also is represented by an experienced and competent lawyer,” he said this morning.

“This court hereby issues a gag order on the respondent, agents or any of his representative against posting or commenting on social media regarding this case until the trial is completed.

Che’gu Bard was charged on 30 April for producing a seditious material related to the casino project in Forest City via his social media.

He was charged for the offence that was committed on 26 April.

In a related development, Che’gu Bard’s lawyer, Muhammad Rafique Rashid Ali confirmed that they would file an appeal against the gag order.