A woman who drew controversy over her stand-up routine at a comedy club in Taman Tun Dr Ismail (TTDI) in June is looking into the feasibility of mounting a legal bid to strike down a law that curtails freedom of speech and expression.
Siti Nuramira Abdullah is mulling whether to file a judicial review application over the validity of Section 298A of the Penal Code.
Back on July 13 before a criminal court, the woman was charged under the provision over her controversial stand-up routine at the comedy club.
Section 298A deals with the offence of causing disharmony, disunity, enmity hatred, ill-will, or prejudicing maintenance of harmony or unity, on grounds of religion, between persons or groups of persons professing the same or different religions.
Speaking to Malaysiakini, her lawyer R Sivaraj revealed that these are among the next course of action that they are looking into in relation to the criminal charge against her.
Unlike her charge that is pending before the Kuala Lumpur Sessions Court (Criminal Jurisdiction), any such potential judicial review bid would instead be filed at the High Court (Appellate and Special Powers Jurisdiction).
“On the face of it, we will probably mount such a legal challenge as we feel that Section 298A is contrary to our fundamental freedom of speech and expression guaranteed under Article 10 of the Federal Constitution,” the lawyer said when contacted today.
Defence to look at documents
Sivaraj, however, said that any final decision on whether to file such judicial review hinges on the documents - per Section 51A of the Criminal Procedure Code (CPC) - that are to be handed over by the prosecution when Siti Nuramira’s criminal case comes up for mention before the Sessions Court tomorrow.
Section 51A(1) states that prior to the commencement of a criminal trial, the prosecution shall furnish to the accused copies of any document to be tendered as part of the evidence by prosecutors, among others.
The lawyer said the documents that they wish to look at are the police report lodged against her, the arrest report, the report from the Malaysian Communication and Multimedia Commission (MCMC), any photographs and videos involving the alleged offence, and her cautioned statement recorded by the police during the investigation.
“Once they (prosecutors) have handed over the documents, we will peruse through them and take instructions,” Sivaraj added.
The counsel added that the defence is also considering whether to send a letter of representation to the Attorney-General’s Chambers, pending what they find after going through the Section 51A documents.
A letter of representation is where a party proposes a way to resolve a legal matter, such as via the withdrawal of charges, or for a lesser charge to be put forward.
In the event that she chooses to proceed with the legal challenge, the law firm Ramesh Yum & Co would represent her in the filing of the proposed civil proceedings.
Controversial stand-up routine
Under the criminal charge, Siti Nuramira was alleged to have committed the offence by claiming she memorised 15 juzuk (chapters) of the Quran then disrobing from her baju kurung and taking off her tudung during the performance at the Crackhouse Comedy Club in TTDI, around 6pm on June 4.
The 26-year-old could be jailed for up to five years. She is out on RM20,000 bail that was raised through crowdfunding.
Previously, a video of a woman who was alleged to be Siti Nuramira, who took off her headscarf and baju kurung on stage at a comedy club, had gone viral on social media.
On July 13 before the Petaling Jaya Sessions Court, her boyfriend, Alexander Navin Vijayachandran, was charged over his sharing of the video on his Instagram and YouTube accounts.
His criminal case was laid out under Section 233(1)(a) of the Communication and Multimedia Act 1998.
The provision criminalises the improper use of network facility to make or transmit any communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.
Per Section 233(3) of the same Act, he faces a fine not exceeding RM50,000, jail time up to a year, or both.
The 38-year-old was also released on RM20,000 bail, following the same crowdfunding campaign.
Following the incident, the comedy club’s operating licence has been revoked by Kuala Lumpur City Hall (DBKL) effective July 30, as well as being targeted by vandals.
Crackhouse Comedy Club owner Rizal Van Geyzel has also been charged before the Kuala Lumpur Sessions Court, following scrutiny over his comedy performance.
Earlier today, DBKL said it has permanently blacklisted him from registering a business licence for any premises in the capital.
Police are also investigating a death threat against Rizal. - Mkini
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