PETALING JAYA: The Attorney-General (AG) was not shocked when he said that he was "taken by surprise" over the gag order sought by Datuk Seri Najib Razak's lawyers, said lawyer Azhar Harun.
"When we say that (taken by surprise) in court, it does not in any way mean we are taken by surprise or 'tekejut badak'," the activist lawyer said in a Facebook post on Thursday (July 5).
He explained that the press had misinterpreted Thomas' statement, saying that the phrase carried a different meaning in court.
"That phrase is actually a sarcastic remark designed to tell the judge that my opponent had not notified me beforehand about this when really, he should have," Azhar - better known as Art Harun - said.
"That is what that remark actually means when we use it in court. It doesn't mean that we are shocked and we are not prepared for it," he added.
Azhar said the media had also failed to report the complete submissions made by Thomas when objecting against the application for a gag order made by defence lawyer Tan Sri Dr Muhammad Shafee Abdullah.
"Most only reported that Tommy said that it would be unconstitutional because it is against freedom of speech.
"Tommy actually raised all the arguments that I had raised in my post yesterday evening. The case is not a jury trial. The judge is sitting as a single judge and he is not supposed to be influenced by external opinions and comments," Azhar said.
Azhar added the gag order would not be binding on social media and the international press.
"In any event, the court has no jurisdiction to issue such an order. There is judicial precedent to this proposition," he said.
Azhar added that the judge only gave a temporary order of two weeks, after which Muhammad Shafee must file a formal written application.
On Wednesday (July 4), the High Court here granted an interim gag order against the media from discussing the "merits of the case".
Defence lawyer Tan Sri Dr Muhammad Shafee Abdullah made the request on the grounds that his client had been facing a trial by media since he stepped down as the Prime Minister.
High Court judge Justice Mohd Sofian Abd Razak then granted the interim gag order and fixed Aug 8 for a hearing on the official application.
Thomas later told media that the prosecution was taken by surprise by the gag order against the media and will object to the order again.- Star
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