Judge Ahmad Faizadh Yahaya made the decision after finding that the application filed on April 13 by Pahang state Enforcement Unit public prosecutor Izzat Ikhwan Abu Bakar had failed to meet the conditions.

The application was filed after Shariffa Sabrina, the former Khazanah Alam Malaysia (Peka) president, was charged in the same court with encroaching three plots of state land in the Bentong, Ulu Dong and Terap sub-districts on June 10 and 11 last year.

Faizadh said it was the duty of the judge hearing the case to consider only evidence adduced in court and to ignore irrelevant matters. He said the decision could still be appealed to a higher level if a judge had erred.

He said dismissing the application for the gag order would not result in a denial of the right to a fair trial. Instead, it would give the applicant an opportunity to tell her story and thus create a balanced narrative in the matter.

He also said the applicant could still initiate committal proceedings for contempt of court if any party violated the rule of sub judice.

The court set Sept 19 for mention to find out the progress of a representation sent by Shariffa Sabrina to the attorney-general’s chambers (AGC).

Earlier, lawyer Harris Mohan, representing the accused, told the court his client was sending a representation to the AGC.

Shariffa Sabrina, 60, had pleaded not guilty on March 15 to three charges of unlawful occupation of state land.

She was charged with committing the offence at 2pm on June 10 and 11, 2021 at three lots of land at Mukim Bentong and at Mukim Ulu Dong and Mukim Tras in Raub.

The land is alleged to have been turned into a resort area and for business activities by Tanah Aina Fareena Cafe & Restaurant, Tanah Aina Fahad Glamping Resort and Tanah Aina Farrah Soraya Exclusive Eco Resort.

The charges were framed under Section 425(1)(a) of the National Land Code 1965, which provides a maximum fine of RM500,000 or imprisonment for up to five years, upon conviction.