Activist gets ticking-off and gag order after comments on Nhaveen murder trial

 

Arun Dorasamy (left) talking to his lawyer Arun Ganesh (right). Seated is Nhaveen’s mother, Shanti Dorairaj.

GEORGE TOWN: Social media postings by an activist on the ongoing T Nhaveen murder trial have affected the image of the judiciary in the eyes of the public, the High Court said today.

Judicial commissioner Mohd Radzi Abdul Hamid said this in his ruling allowing a gag order against Arumugam Dorasamy, better known as Arun Dorasamy, against making any comments on the case until the disposal of the case.

Radzi said Arun’s actions had also caused witnesses to be afraid to take the stand, for fear of being lynched by netizens influenced by Arun’s comments over the past few months.

He said that while the court respects Arun’s freedom of expression under the Federal Constitution, any sort of prejudgement of the case would not be tolerated.

Radzi went on to cite Arun’s theories on the truth of evidence submitted by a forensic pathologist who testified in the case, claims of fraud or a cover-up by police, and the “hidden hands” of so-called conspirators.

He said Arun had also gone against an order to not comment on the case while a gag order against him was being decided.

“The public trusts the judiciary and the powers of the justice system in this case. But taking on the role of prosecutor and judge and speculating on a case is sub judice.

“Making scathing remarks on witnesses may make them afraid of coming to court for fear of being attacked.

“You also went on to say there is a ‘greater conspiracy’ by the prosecutors in applying for a gag order, implying that there is a sinister effort by the deputy public prosecutors (DPPs).

“The DPPs cannot enter into any of your debates publicly as it could affect their impartiality. Why can’t you wait for all the witnesses to be called and wait for the case to be disposed of first?

“Arumugam (Arun), this court recognises that you have the right to free speech. But you have to be fair and balanced in your comments and the public must remain confident of the functions of the judiciary and the court process. Do not cast aspersions.

“Remind yourself that this is an ongoing trial. You can’t prejudge a trial when all the witnesses have not even been called,” he added.

Radzi said as part of the gag order, Arun was still allowed to communicate with the police and the prosecutors on a bona fide basis, but would not be allowed to comment on the case until it is disposed of.

The Penang prosecutors’ office had applied for a gag order against Arun on June 18. The activist had been vocal on his Facebook page over the past two months in urging the prosecutors to look for new evidence in the case.

Arun was represented by lawyer Arun Ganesh, who is also holding a watching brief on behalf of the Nhaveen family.

DPPs Khairul Anuar Abdul Halim and Yazid Mustaqim Roslan prosecuted, while Ranjit Singh Dhillon, Manveer Singh Dhillon and Yagoo Subramaniam represented the accused.

Lawyer Sukhindarpal Singh held a watching brief for the Bar Council.

The Nhaveen murder trial continues at 2.15pm today with star witness T Previin expected to be called to the stand. - FMT