Mentega Terbang duo’s trial on hold pending constitutional challenge

Mentega Terbang duo’s trial on hold pending constitutional challenge

Justice K Muniandy has fixed Oct 24 to hear two constitutional questions linked to the charge against the film's director and producer.

Tan Meng Kheng and Khairi Anwar Jailani with their lawyer, Zaid Malek (centre), at the High Court today.
KUALA LUMPUR:
The criminal trial of the director and producer of local indie film Mentega Terbang has been put on hold by the High Court pending disposal of a constitutional challenge brought in respect of the charge preferred against them.

At case management today, Justice K Muniandy fixed film director Khairi Anwar Jailani and producer Tan Meng Kheng’s application for hearing on Oct 24.

Khairi, 32, and Tan, 36, are charged with offending religious sentiments through the screening of the film at a location on Jalan Semarak Api at 12.34pm on Feb 26, 2023.

The charge, brought under Section 298 of the Penal Code, carries a maximum penalty of one year’s imprisonment, a fine, or both, upon conviction.

Muniandy also directed both the applicants and the prosecution to file their respective submissions by Oct 18.

Lawyer Zaid Malek represented the duo, while deputy public prosecutors Abdul Malik Ayob and Nor Azizah Aling acted for the respondent.

On June 14, the magistrates’ court allowed the duo’s application to refer two constitutional questions to the High Court in connection with the charges they are facing.

They want the High Court to determine whether Section 298 of the Penal Code violates Article 10 of the Federal Constitution, which protects freedom of speech.

They also requested that the High Court determine whether the phrase “hurting the religious feelings of a person” violates the right to a fair trial due to its vagueness and ambiguity.

The film, which originally aired on a video streaming platform, sparked public condemnation and concern for allegedly depicting scenes conflicting with religious beliefs and sentiments.

The home ministry banned the film on Sept 1, 2023 a move described by the duo as irrational and a violation of the freedom of speech guaranteed in the constitution.

Tan and Khairi have also filed a judicial review application to challenge the government’s decision to ban the film.

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