PETALING JAYA: The gag order issued by a Magistrate’s Court against Mentega Terbang film producer Tan Meng Kheng has been set aside by the Kuala Lumpur High Court.
Tan’s lawyers said High Court judge Datuk Mohd Jamil Hussin had on Monday (Jan 29) heard the revision application filed by Tan on the gag order imposed by the lower court on Jan 17.
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After hearing both parties, the High Court decided to set aside the order on the grounds that the respondents failed to satisfy that there was a real and substantial risk to the fairness of the trial, said Tan’s lawyers.
According to them, the judge also ruled that the proceeding before the Magistrate did not disclose any obvious or imminent threat to the fairness of the trial, and there was no material before the court to show that there was a real and substantial risk to the fairness of the trial.
“Therefore, the gag order issued by the Magistrate was not proper, and the gag order is hereby set aside,” read the statement by Tan’s lawyers.
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Tan is represented by N. Surendran, Zaid Malek and Nabila Khairuddin.
On Jan 17, Tan and Mohd Khairianwar Jailani, who directed the film, claimed trial at a Magistrate's Court in Kuala Lumpur on a charge of hurting religious feelings.
Both men pleaded not guilty to the offence under Section 298 of the Penal Code.
If found guilty, they face a maximum one-year jail sentence, a fine or both.
