KUALA LUMPUR – The high court here has today lifted the gag order on the director and producer of the banned independent film Mentega Terbang in their ongoing criminal case.
According to the ruling by judge Datuk Mohd Jamil Hussin, no material was presented in court to show any real and substantial risk to the fairness of the trial.
He added that the respondents failed to satisfy that there is a real and substantial risk to the fairness of the trial, and the proceedings before the magistrate on January 17 did not disclose any obvious or imminent threat to the fairness of the trial.
This information was shared by lawyer Zaid Malek, who represented applicant Tan Meng Kheng. Tan is Mentega Terbang’s producer.
Tan was also represented by lawyers N. Surendran and Nabila Khairuddin.
Deputy public prosecutors Nor Azizah Aling and Nadia Mohd Izhar appeared for the prosecution.
The application to lift the gag order was made based on the assertion that it violated the freedom of expression of Tan and the film’s director Mohd Khairi Anwar Jailani.
Previously, the gag order was issued as an additional condition to their bail that was tied to their court charges after they pleaded not guilty to an offence of deliberately verbally and visually wounding religious sentiments as the movie’s’ director and scriptwriter.
In March last year, the film received criticism and public outrage due to allegations that it included scenes containing elements contradicting religious beliefs.
Police initiated an investigation in response to complaints filed against the film that alleged it included scenes deemed offensive to Muslims.
These scenes reportedly involved discussions about Muslims consuming pork and comparisons between the teachings on life after death according to various religions.
Police also investigated death threats against several individuals involved with the film, including Khairi, whose car was splashed with red and black paint, and the perpetrators left handwritten threats on slips of paper.
The Home Ministry then banned the film’s screening in September last year.
However, both Khairi and Tan have since challenged the decision in court. – January 29, 2024