KUALA LUMPUR: Two filmmakers behind the indie movie Mentega Terbang have pleaded not guilty to a charge of deliberately hurting religious sentiments, an offence that carries a one-year prison term if convicted.
The film’s producer Tan Meng Kheng and director Khairi Anwar Jailani were also both slapped with a gag order by the Magistrates’ Court here yesterday, which will prevent them from speaking publicly about their case.
Khairi was also ordered to report once a month to the Kajang district police station while the case is ongoing.
He and Tan were charged in separate Magistrates’ courts in Kuala Lumpur under Section 298 of the Penal Code for “uttering words with the deliberate intent to wound the religious feelings of any person”.
The prosecution team, led by deputy public prosecutor (DPP) Nor Azizah Aling and assisted by DPP Abdul Malik Ayob, had asked the court to set bail at RM10,000 per person.
Besides applying for a gag order, the prosecution also sought for both the accused to surrender their passports and report to the nearest district police headquarters once a month.
In mitigation, their lawyer N. Surendran, urged for bail to be lowered to RM1,000 for each, as Khairi’s only income comes from being an independent filmmaker while Tan only earns RM3,000 a month as a schoolteacher.
“The bail proposed is excessive considering that the maximum jail term under the section is only a year,” said Surendran, who is also Lawyers for Liberty (LFL) adviser.
He argued that both men had fully cooperated with the probe into their film.
He also objected to the gag order, saying that it 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 court ... No documents, nothing.
“This is not a jury trial; there is no question or proof of the proceedings being disrupted by public comments,” Surendran said.
“As the court process had just begun, to ask for a gag order immediately will set a dangerous precedent,” he said.
In response, Nor Azizah said the bail and additional conditions were necessary to ensure that both men would attend future proceedings.
She also argued that the gag order was necessary as both men had given public comments on the case prior to being charged.
Magistrate Noorelynna Hanim Abd Halim, who heard Khairi’s case, then set his bail at RM6,000. The filmmaker must also report to the Kajang district police station once a month until the case is settled.
For Tan, Magistrate Aina Azahra Arifin set bail at RM6,500. Both men were issued a gag order. 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 about a Muslim teenager, Aisyah, who embarks on a spiritual journey in search of answers to the question of life after death after her mother was diagnosed with terminal cancer.
Previously available on online streaming platforms, the film was taken down by Internet regulators after it attracted criticism from conservatives who claimed that certain scenes were insulting to Islam.
On March 5 last year, it was announced that the National Film Development Corporation Malaysia and Malaysian Communications and Multimedia Commission would also be taking action against the film’s producers.
The police launched its own investigation in the same month, in which the producer and six actors were questioned.
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.
On Sept 13, 2023, the Home Ministry announced that the movie and its promotional materials have been banned from screening in cinemas or television, following a Film Censorship (Prohibition) Order 2023 signed by Home Minister Datuk Seri Saifuddin Nasution Ismail.
In December, Tan and Khairi filed a High Court application to challenge the government’s ban, which will be heard on Jan 31.
