PUTRAJAYA: The Appellate Court here has allowed the appeal brought by blogger Papagomo, whose real name is Wan Muhammad Azri Wan Deris, to lift the gag order preventing him from making statements or comments related to the sedition charge he is facing.
A three-judge panel comprising Justices Datuk Ahmad Zaidi Ibrahim, Datuk Azizul Azmi Adnan and Datuk Ahmad Kamal Md Shahid on Thursday (Jan 16) overturned the High Court’s decision that imposed the gag order.
Justice Azizul, who delivered the court’s decision, held that the prosecution failed to present any material or facts to demonstrate among others, the real and substantial risk to the fairness of the trial.
He said Justice Azizul had also decided that the principles that must be followed before imposing any pre-emptive gag order are outlined in the Federal Court’s decision in the case of Datuk Seri Najib Razak.
Wan Muhammad Azri pleaded not guilty at the Sessions Court in May last year to the charge of posting seditious publications against His Majesty Sultan Ibrahim, King of Malaysia, on his X account.
The 41-year-old former UMNO Youth exco member is accused of committing the offence at a condominium unit in Bukit Bintang, Kuala Lumpur at 12 noon on April 29 last year.
He was charged under Paragraph 4(1)(c) of the Sedition Act 1948, which can be punished under subsection 4(1) of the same law, which provides for a maximum fine of RM5,000 or imprisonment not exceeding three years, or both, if convicted.
On May 27 last year, the High Court issued the gag order against Wan Muhammad Azri after allowing the prosecution’s application to revise the Sessions Court’s decision, which rejected their application for a gag order.
The Sessions Court has fixed three days beginning March 3, for trial.
In today’s proceeding before the Court of Appeal, Deputy Public Prosecutor Dhiya Syazwani Izyan Mohd Akhir appeared for the prosecution. - Bernama
