High Court Orders A New Judge To Hear Bersih Activist S Case

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A former Bersih deputy chairperson is set to have a new Taiping Sessions Court judge preside over his offensive online posting case.
The High Court in Taiping today ordered that a new lower court judge hears the case against Sarajun Hoda Abdul Hassan.
Judicial commissioner Noor Ruwena Md Nurdin this afternoon ruled that this is because lower court judge Nizam Zakaria had adjudged the accused Sarajun Hoda (above) as guilty, even before the trial had commenced.
Today was set for the High Court decision on Sarajun Hoda’s bid to have the apex court look into the constitutionality and validity of the provision he was charged under, namely Section 233 of the Communications and Multimedia Act 1998.
Back on May 18, lower court judge Nizam had disallowed the accused’s application to refer to the High Court the issue over the legality of the provision.
When contacted by Malaysiakini today, the accused’s counsel, Abraham Au, said that the High Court did not allow the bid to refer the constitutional issues to the Federal Court as there have been several legal precedents over the issue of the validity of Section 233.
“However, (the High Court found that) as the Sessions Court judge appeared to have decided the merits of the case in pronouncing that the communication made by Sarajun Hoda as offensive, therefore it is in the interest of justice that the case must be heard by a new Sessions Court judge.
“We submitted (before the High Court) that the Sessions Court judge had in fact pronounced his guilt,” Au said, adding that the trial had not even started before the lower court.
Case set for mention on Dec 13
The lawyer said Noor Ruwena ruled that the lower court judge’s action had exceeded its power conferred under Section 30 of the Courts of Judicature Act 1964.
Au added that the case against Sarajun Hoda is set for mention before the Sessions Court on Dec 13.
On Aug 3 last year before the Taiping Sessions Court, Sarajun Hoda claimed trial for a charge under Section 233(1)(a) for allegedly posting insulting comments on social media.
According to the charge sheet for the criminal case, the accused was alleged to have consciously made and initiated the transmission of offensive communications on Islam on his Facebook page between 9am and 12.52pm on April 26, which was read after about 9am at No 15, Jalan Wawasan 8, Taman Wawasan Jaya in Parit Buntar on April 27, 2021.
The charge provides for a fine not exceeding RM50,000 or jail time of up to one year, or both, if found guilty.
The accused is currently out on bail of RM8,000 with one surety and his passport is being held by the court.
Also, as part of bail terms, he is required to report to the nearest police station once every month. - Mkini

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