Najib's trial: Gag order breaches Federal Constitution

KUALA LUMPUR: The gag order by the judge in the criminal breach of trust (CBT) trial of former premier Datuk Seri Najib Abdul Razak breaches the Federal Constitution and judges do not have the powers to issue such orders.
Lawyers for Liberty said Article 10 of the Federal Constitution guarantees the right to freedom of speech and expression, which includes the freedom of the press.
"This case against Najib is of the greatest public interest, and public discussion of the case must not be prohibited and silenced.
It will also lead to absurd results, as the order will not bind the media abroad who will continue to discuss and debate the case," the group's adviser N. Surendran said in a statement yesterday.
"Firstly, the judge trying the criminal matter has no jurisdiction or power to issue such an order against the media at large. He can issue any order that binds the parties in the case or in some cases all those present in court. But he cannot issue an order binding the world at large," he explained.
The lawyer said there was no need for a gag order because there is no jury in criminal trials in Malaysia.
"The case is being heard by a single judge, who is trained and experienced in considering only the evidence presented in court, and to exclude all extraneous matters."
Surendran questioned the need for a gag order as competent judges are not supposed to be affected by any number of media reports on the case.
He added the order will not bind foreign media who will continue to discuss and debate the case.
"Najib's case is of global interest. The foreign news reports will be instantaneously available to Malaysians through the internet and social media," he said.
Meanwhile, Fortify Rights legal director Eric Paulsen said the judge is a professional high court judge, not a layperson nor is it a trial by jury so he should be able to adjudicate the case based on the facts and evidence, and not be concerned of what is being reported outside the court.
"There is no justification for the judge to impose a gag order. It can be done in instances if it involves genuine security issues or a sex crime involving minors, but certainly not for corruption or CBT cases," he said.
High Court Judge Datuk Sophian Abd Razak had agreed to Najib's defence application for an interim gag order which is in effect until Aug 8.
It stops statements from discussing the "merits" of the case.