Withdraw defamation charges against ex-chief editor, AG urged

 

Azam Aris, former chief editor of The Edge, was merely performing a public duty to inform a segment of society that might have an interest in the matter, says a lawyer. (Bernama pic)

PETALING JAYA: The attorney-general (AG) should withdraw a criminal defamation charge against a former chief editor of a business weekly as the alleged offence cannot be construed to be against public order and morality, said a lawyer.

R Kengadharan said the aggrieved party could instead initiate a defamation suit and attempt to get a remedy.

On Tuesday, Azam Aris, former chief editor of The Edge, was charged with defaming Kua Khai Shyuan and DGB Asia Bhd in an article published in The Edge Weekly on Sept 21, 2020.

Azam and contributing editor Shanmugam Murugasu, who was not in court, were also alleged to have defamed Kua, DGB Asia, Trive Property Group Bhd, Metronic Global Bhd and MNC Wireless Bhd in another article published on April 12 last year.

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They were charged under Section 499 of the Penal Code, which carries a maximum two-year jail sentence or a fine or both, upon conviction.

Kengadharan said: “As a guardian of public interest, this is not a suitable case for him (the AG) to file charges as it is not deemed to be an offence against the state.

“The AG, as public prosecutor, has the power to withdraw the charge and should do so at the earliest possible time.”

He told FMT that Azam, through his media, was merely performing a public duty to inform a segment of society that might have an interest in the matter.

Another lawyer, Guok Ngek Seong, said a lot of time and resources would be wasted if a trial was held.

In a criminal case, the prosecution can only secure a conviction if a case is proven beyond reasonable doubt, which is a higher burden.

Guok wondered if the prosecution wanted to secure a conviction to serve as a deterrent to others.

He said the aggrieved individual or corporate organisation could file a civil suit which was private in nature.

“If the plaintiff proves his case on the balance of probability, he gets damages and other relief sought,” he said.

Guok also said the accused person could file an action to strike out the charge or challenge the constitutionality of the offence as it could be against freedom of expression and the right to inform the public.

“It looks like journalists and the media are now under assault,” he added.

The lawyer is appearing for Sarawak Report editor Clare Rewcastle Brown, who faces a similar charge over an article about Terengganu’s Sultanah Nur Zahirah.

The London-based journalist has applied to annul the charge and declare Section 499 as unconstitutional.

Guok also represented Al Jazeera after its journalists were investigated over the broadcasting of a documentary in 2020 titled “Locked Up in Malaysia’s Lockdown” that investigated why the Covid-19 pandemic had forced migrant workers into hiding.

No charges were filed against the cable television network or its journalists. - FMT