KUALA LUMPUR (July 4): Civil rights lawyer Syahredzan Johan has questioned the need to issue an interim gag order on the media in former prime minister Datuk Seri Najib Razak’s court case.   

Syahredzan, who is also the political secretary to DAP parliamentarian Lim Kit Siang, said the order prohibiting the media from publishing comments on the merits of the case is a violation of the freedom of expression as enshrined in the Federal Constitution. 

Since Malaysia does not practice trial by jury, media reports on the case would not be prejudicial to Najib and restrict his right to a fair trial, Syahredzan said in a statement. 

“I am confident that Najib’s case would be heard fairly and based on facts presented to the court, and not be influenced by media reports. This is a high profile case with international attention,” he added. 

“A gag order on the media is against media freedom and would punish the local media but not foreign media, as that is outside the court’s powers,” the statement said. 

Syahredzan said it is undeniable that Najib is innocent until proven guilty and that there might be elements of prejudice in media reports, but Najib has the right to defend himself against all charges. 

This morning, Judge Datuk Mohd Sofian Abdul Razak approved Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah's request for an interim gag order until Aug 8. 

Najib pleaded not guilty under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 to receiving kickbacks amounting to RM42 million for participating in the government's decision to provide guarantee over loans of RM4 billion from Kumpulan Wang Persaraan (Diperbadankan) or KWAP to SRC International Sdn Bhd. 

He also faces three separate charges under Section 409 of the Penal Code for criminal breach of trust, amounting to RM27 million, RM5 million and RM10 million — totalling RM42 million — all allegedly siphoned from SRC International.