Activist’s trial for disparaging judiciary to be heard in Sepang sessions court

September 15, 2023

Activist’s trial for disparaging judiciary to be heard in Sepang sessions court

SEPANG: The hearing of an activist who allegedly posted a video disparaging the judiciary will be held in the Sepang sessions court, two years after he claimed trial.

This comes after the Court of Appeal dismissed Jufazli Shi Ahmad’s application to have the case heard in the Kuala Lumpur sessions court.

A three-member bench chaired by Vazeer Alam Mydin Meera allowed a preliminary objection by the prosecution that Jufazli’s case is not appealable under Section 3 of the Courts of Judicature Act 1964.

“There is merit in the prosecution’s preliminary objection as the appeal is not a final order,” he said in dismissing the application.

Earlier, deputy public prosecutor P Sarulatha submitted that the appeal was incompetent as there was no decision made that had finally disposed of the rights of Jufazli.

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Lawyer M Visvanathan submitted that the court could hear the appeal as no decision was made since the trial had not started.

Visvanathan, who was assisted by Sanjay Visvanathan, said his client would incur additional costs and time if the trial was held in Sepang.

However, Vazeer, who sat with Justices Collin Lawrence Sequerah and Azmi Ariffin, said it took about 30 minutes to travel from Kuala Lumpur to Sepang if one were to use the highway.

He said it would open the floodgates if the appeal was allowed in a case that started after the sessions court refused to transfer the application.

“Do you see the danger? The smooth running of the courts will be impeded,” he said.

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Jufazli, 34, who was freed on bail, wants the case to be heard in Kuala Lumpur as the alleged publication of the video took place in Cheras, Kuala Lumpur.

The sessions court disallowed the transfer application in October 2021, and the High Court dismissed a revision the following month.

Jufazli is said to have uploaded a 20-minute video titled “Hakim Kes 1MDB diugut oleh Najib Razak dalam Mahkamah Malaysia!?!?” on Jan 22, 2021. The video was seen the following day at a location in Cyberjaya.

The Sabahan, who now lives in Cheras, is said to have improperly used network facilities under Section 233 (1) (a) of the Communications and Multimedia Act (CMA).

If found guilty, he could be fined up to RM50,000, sentenced to a maximum one-year jail term, or both.

Sanjay said Jufazli’s case will be mentioned in the Sepang sessions court on Oct 2.