Malaysia
Appeals Court dismisses journalist’s appeal to set aside subpoena to testify
Malay Mail

PUTRAJAYA, Nov 27 — A journalist failed in her appeal to set aside a subpoena issued to her to testify in the trial of two men facing charges of involvement in activities which promoted terrorism.

This followed a decision of the Court of Appeal here today to reject S Tarshini’s appeal and uphold the High Court’s dismissal of her bid to be released from testifying in the trial of Yazid Sufaat and Muhammad Hilmi Hasim.

A three-man bench chaired by Justice Datuk Wira Mohtarudin Baki ruled there was no merit in her appeal and there was no reason to disturb the findings of the High Court judge.

He said Tarshini’s evidence was relevant to the charge faced by Yazid and the matter being a national security case overrode the rule of confidentiality.

Tarshini, a journalist with The Star, had applied at the High Court to set aside the subpoena issued to her to testify in that trial and also expunge her testimony which she had provided where she was asked to reveal her source in her news report headlined, ‘Ex-militant: We send new recruits straight to the frontlines’.

She had filed the application based on the grounds that her testimony was not relevant to the case and that revealing her sources would be a breach of journalism ethics.

The High Court in Kuala Lumpur on April 10, this year, dismissed her application, prompting her to appeal to the Court of Appeal.

Tarshini is the prosecution’s sixth witness in the trial at the High Court which is set to resume hearing on Jan 20.

Yazid, 51, is facing two counts of promoting aggression with intent to incite the people of Syria and becoming a member of the ‘Tanzim Al Qaeda Malaysia’ group. Muhammad Hilmi was charged with abetting him.

They are facing charges under Section 130KA of the Penal Code (Act 574), which carries a life sentence and liable to be fined, upon conviction.

Tarshini was represented by lawyer Christopher Leong while deputy public prosecutor Datuk Hanafiah Zakaria appeared for the prosecution.

New Sin Yew represented Yazid and Muhammad Hilmi. — Bernama

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