High Court nod for trial

Fadley Faisal

A neighborhood girl denied a cost of constructing a false assertion in a video recording that was more likely to trigger public alarm within the Justice of the Peace’s Court docket, over the peak of COVID-19 circumstances.

Hajah Faizah binti Haji Abdul Gapar was pressed with the cost below Part 34, Chapter 148 of the Public Order Act, which carries the penalty of a most high-quality of BND3,000 and three years’ imprisonment.

DPP Raihan Nabilah binti Haji Ahmad Ghazali’s case alleges that the video recorded Hajah Faizah claiming the police had discovered a restaurant to be working with workers violating quarantine orders, which was not the case.

The Justice of the Peace’s Court docket adjourned the case for trial dates to be fastened.

Earlier than the case might proceed for trial, Defence Counsel Pengiran Shahyzul Khairuddien bin Pengiran Abdul Rahman sought dedication on the query of legislation, on whether or not they needed to show that the assertion Hajah Faizah made was knowingly or believed to be false or believed it to be not true.

The defence additionally questioned whether or not they needed to show that the assertion made would doubtless trigger public alarm and lastly whether or not there was a defence of sincere and real perception within the fact of the alleged false assertion.

The Justice of the Peace’s Court docket ordered that these questions be decided after listening to proof of the case.

This was adopted by the defence occasion’s enchantment within the Excessive Court docket earlier than Judicial Commissioner Muhammed Faisal bin Pehin Datu Juragan Laila Diraja Colonel (Rtd) Dato Seri Pahlawan Haji Kefli. The appellant contended that the order made by the Justice of the Peace’s Court docket is trite legislation and has an impact in disposing their rights.

The appellant additionally looked for the Excessive Court docket to resolve and provides a closing order.

Judicial Commissioner Muhammed Faisal dismissed the enchantment stating that it’s untimely for the appellant to demand the Justice of the Peace’s Court docket to find out the questions of legislation earlier than trial commences as “it’s for the prosecution to persuade the courtroom at trial to undertake its place and for the defence to problem and argue towards it”.

Judicial Commissioner Muhammed Faisal additionally dismissed the appliance for the Excessive Court docket to listen to the questions of legislation and provides an order. The case was handed again to the Justice of the Peace’s Court docket for trial to proceed.