KUALA LUMPUR: The producer and director of indie film "Mentega Terbang" claimed trial at the Magistrate's Court here on a charge of hurting religious feelings.
Both producer Tan Meng Kheng and director Khairi Anwar Jailani pleaded not guilty to the offence under Section 298 of the Penal Code at separate courtrooms on Wednesday (Jan 17).
If found guilty, Tan and Khairi face a maximum one year jail sentence, a fine or both.
In submissions for bail, Deputy Public Prosecutor (DPP) Abdul Malik Ayob asked for the court to set the men’s proposed bail to be set to RM10,000.
He also asked for additional conditions for their bail including the surrender of both men’s passports, an application for a gag order against both men and for both men to report to their nearest district police headquarters (IPD) once a month during their proceedings.
In mitigation, Lawyers for Liberty (LFL) advisor N. Surendran urged for the court to lower the bail for both men to be reduced to RM1,000.
Surendran - who is representing both Tan and Khairi - said that Khairi’s only income is as an independent filmmaker while Tan’s only income is a RM3,000 monthly salary as a school teacher.
He added that both men had given full cooperation so far towards any investigations into the film.
He also objected to the additional conditions that were proposed by the DPP, claiming that the gag order would be unlawful due to the lack of evidence presented by the prosecution.
“We cannot have a standard gag order without any basis given to the court, no documents, nothing. This is not a jury trial, there is no question or proof of the proceedings being disrupted by public comments," said Surendran.
“As the court process just began, to ask for a gag order immediately will set a dangerous precedent,” he added.
In response, deputy public prosecutor Nor Azizah Aling, who was assisted by Abdul Malik, argued that the bail and additional conditions were necessary to ensure both men attend future proceedings.
She also argued that the gag order was necessary as both men had given public comments on the case prior to the proceedings.
Magistrate Noorelynna Hanim Abd Halim, who heard Khairi’s case, then set Khairi’s bail to RM6,000 with a gag order issued on Khairi and for the filmmaker to report to IPD Kajang once a month until the case was settled.
Meanwhile, Magistrate Aina Azahra Arifin, who heard Tan’s case, set the latter’s bail to RM6,500 along with a gag order issued on Tan.
Both cases were then fixed for mention on March 14.
Also present in both men’s defence team was LFL director Zaid Malek.
“Mentega Terbang” is a 104-minute film surrounding the fictional religious conflict faced by Muslim teenager Aisyah as she explores other religions in search of answers to the question of life after death after learning that her mother has terminal cancer.
Previously screened via online streaming platforms, the film was criticised over some scenes which were said to go against Islamic teachings and beliefs.
On March 5, 2023, the then Communications and Digital Ministry instructed the National Film Development Corporation Malaysia (Finas) and Malaysian Communications and Multimedia Commission (MCMC) to take action against the movie producers.
Minister Fahmi Fadzil had said that both agencies were investigating aspects of regulatory infringements by the production team.
After multiple police reports were lodged, Bukit Aman launched an investigation and recorded the statements of the producer and six actors from the movie on March 14 2023.
The case was classified under Section 298A and Section 505(b) of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.
