KUALA LUMPUR (July 21): The High Court on Thursday (July 21) maintained that the public is free to comment on the ongoing trial of former Parti Pribumi Bersatu Malaysia (Bersatu) youth chief Syed Saddiq Syed Abdul Rahman.

Judicial Commissioner Datuk Azhar Abdul Hamid, who is presiding over the trial, however reminded everyone that they should not "go overboard" in making comments.

"We cannot stop the public from commenting. It is their right [as] enshrined in the Constitution. [However, the comments] must be within permissible parameters. Let's not go overboard, so we can proceed with the trial," he said.

Azhar was responding to Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin’s remarks in court about a police report lodged earlier on Thursday by a Malaysian Anti-Corruption Commission (MACC) officer with regard to a series of tweets by user "@lamkanahraf", who is believed to be Syed Saddiq's aide Farhan Iqbal.

The senior DPP contended that the tweets were sub judice to the ongoing proceedings and wanted Farhan, who was present in court, to give an explanation for his actions.

At the centre of the tweets were comments on a transcript of the audio recording allegedly between Syed Saddiq and an MACC officer in which the officer is heard saying that the Muar MP was a "victim of politics".  

Reverting to his argument on Wednesday on the veracity of the recording, Wan Shaharuddin insisted that the court had yet to determine if it indeed was the former youth and sports minister and the MACC officer in the recording, and therefore it was not appropriate to comment about it.

"[In the series of tweets,] he is making points like he is submitting [to court]. It is clearly sub judice. [It is as though] he is the prosecution, he is the defence and he is also the judge," he said.

Insisting that he did not want to "bully nor intimidate" the press or public, the senior DPP maintained that his concern was over comments made on exhibits whose veracity has yet to be determined in court.

"[To] comment yes, there is freedom of speech but don't make a finding or assumption," he said.

Lead defence counsel Gobind Singh Deo however noted that during Wednesday’s proceedings, he had made the assertion that it was Syed Saddiq and the MACC officer in question.

"On the outside, that would have transpired," he said, adding that the court would have the ultimate power in deciding the recording's authenticity.

Gobind also pointed out that the officer who made the report was the very officer alleged to be in the recording.

"This is a person who is supposed to be a witness. Can he from outside lodge a report and ask for the court to take action [when] it is for him to come to court and deny or agree," the lawyer said.

Datuk Ambiga Sreenevasan, another member of Syed Saddiq's legal team, argued that the issue of sub judice only comes up in a jury system and that Farhan as a member of the public had freedom of speech to comment on the proceedings.

"[Is the prosecution] saying that members of the public can't open their mouths? When was that the law? The last I checked, we are a democracy," she said.

She acknowledged that the prosecution took their job seriously but asserted that matters such as this could be settled in court without resorting to lodging police reports.

"Every time something upsets [the prosecution] they lodge a police report. Whatever that needs to be resolved can be done in court. [There is] no need to rush to make a police report," she said.

Earlier DPP Wan Shaharuddin also wanted the court to call on the editors of Astro Awani and Sinar Harian, which had reported the transcript.

The senior DPP said he wanted the editors to explain how the transcript was “leaked” to them. This prompted Gobind to say that the news outlets only reported on audio that was played in open court and that the press should not be intimidated.

"To blame the press and say you have published leaked document, that is not fair as it was played in open court.

"To haul the editors to court, that is intimidation," Gobind argued.

Azhar however said that there was no need for this and stressed that the media had "every right" to report on open court proceedings.

"As far as the press is concerned, they have every right to report what transpires in open court, nothing (more) needs to be said on that," he said.

Earlier this month, the judicial commissioner issued a final warning to all parties involved in the trial from commenting on the ongoing proceedings.

The warning was in relation to Syed Saddiq's post on social media where he had commented on the discrepancies in star witness Rafiq Hakim Razali's testimony.

The MP had apologised to the court over the posting.

Syed Saddiq is standing trial for alleged criminal breach of trust and misappropriation of a sum of RM1.12 million belonging to Bersatu.

He has also claimed trial to two charges of money laundering involving RM50,000 each.

The trial continues.

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