Banning journalists from court proceedings infringe principle of open justice system

It is of great concern that journalists were disallowed to attend the court hearing against Nurulhidayah Ahmad Zahid and husband Saiful Nizam for breaching the movement control order (MCO). 

Nurulhidayah (photo) is the daughter of Umno president Ahmad Zahid Hamidi.

According to Gerakan Media Merdeka (Geramm), at least five reporters who were present at the Putrajaya Magistrate’s Court to cover the case were told to leave without clear explanation, although some members of the public were allowed to remain in court. 

Since the case was before the Magistrate’s Court, section 101(1) of the Subordinate Courts Act 1948 applies. It states that the place in which any court is held to try any cause or matter, civil or criminal, or hold any inquiry, shall be deemed an open and public court to which the public generally may have access. 

However, the court shall have power to hear any matter or proceeding or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason so to do.

A similar provision is contained in section 15 of the Courts of Judicature Act 1964 which applies to the superior courts (High Court, Court of Appeal and Federal Court).

It must be recalled that the Court of Appeal in Dato’ Sri Mohd Najib Bin Hj Abdul Razak v Public Prosecutor (2019) has said that the provision encapsulates the principle of fundamental rights of an open justice system which requires the court to be open and public. The principle permits fair and accurate reporting of court proceedings. 

The media has the right to know what is happening in court and to disseminate information to the public which enhances public confidence in the transparency of court proceedings.

The Court of Appeal agreed with the learned High Court judge who said that for a criminal trial like the one before the court “where the state through the public prosecutor is prosecuting on behalf of society, members of the society, being the public, have the right to observe the proceedings and judge for themselves whether an accused is being afforded a fair trial. 

"The open justice concept also involves the right of the media to report on judicial proceedings, in fulfilment of the public’s right to information on trial proceedings.”

There are, nonetheless, exceptions to the requirement of open justice in cases involving public security and public safety and offences involving children. 

None of these applies to the court hearing against Nurulhidayah and Saiful Nizam.

The banning of the journalists may have infringed the said principle. - Mkini