KUALA LUMPUR – Khairi Anwar Jailani, director of the controversial film Mentega Terbang, has pleaded not guilty to deliberately wounding religious sentiments at the magistrates’ court here today.
He is accused of having committed the offence framed under Section 298 of the Penal Code on February 26 last year, according to the charge read before magistrate Noorelynna Hanim Abd Halim.
According to the charge, Khairi had allegedly intentionally offended religious sentiments by saying certain words and displaying objects as the director and scriptwriter of Mentega Terbang.
Section 298 states that whoever intentionally utters words, makes sounds, gestures, or places objects visible to another person with the deliberate intention of wounding their religious feelings can face punishment of up to a year in jail, a fine, or both.
Besides requesting a bail of RM10,000, deputy public prosecutors Nor Azizah Aling and Abdul Malik Ayob also sought a gag order against Khairi, the surrender of his passport to the court and for him to regularly present himself at the nearest district police headquarters.
Nor Azizah asserted that the gag order against Khairi is necessary considering the public interest in this case and the fact that Khairi had previously posted on social media regarding investigations into the movie.
She stressed that in order to ensure a fair trial in court instead of a “trial by mass media”, a gag order must be issued to circumvent the posting of sub judice statements.
On the other hand, defence counsel N. Surendran argued that while the case is indeed of public interest, prosecutors have failed to submit evidence or documentation to show that Khairi had issued statements that could pose a problem to the legal process.
“We cannot have a (submission for) a standard gag order without any basis given to the court.
“This is not a jury trial. The magistrate is a trained professional, so there is no chance of the trial being disrupted by public comments,” he added.
He also requested that bail be set at RM1,000 instead and stressed that his client is not a flight risk as he has consistently cooperated with probes by police, the National Film Board Corporation, and the Federal Territory Islamic Religious Department.
After listening to submissions and mitigations, the magistrate then set bail at RM6,000 with one surety and also issued a gag order to prevent Khairi from sharing details of the case online.
Khairi will also have to present himself at the Kajang district police headquarters monthly until the court case is over.
Meanwhile, film producer Tan Meng Kheng also pleaded not guilty to a similar charge under the same law in a separate courtroom before magistrate Aina Azahra Arifin.
The deputy public prosecutors, the same ones who brought the case against Khairi, submitted similar requests for bail and other conditions.
The magistrate set RM6,500 bail for Tan and also issued a gag order against him. However, unlike Khairi, the producer will not be required to report to the police every month.
Meanwhile, in a statement issued by nine non-governmental and human rights organisations, the groups called on the government to drop the charges against Khairi and Tan.
“We urge the government to end the criminalisation of religious offences and the use of other vague provisions in the law to curtail freedom of expression and artistic freedom in Malaysia,” read the statement.
The signatories also demanded a repeal or amendment to laws restricting freedom of expression, citing the Sedition Act 1948, the Film Censorship Act 2002, the Communications and Multimedia Act 1998 as well as the Printing Presses and Publications Act 1984.
Originally released in 2021, Mentega Terbang premiered in Indonesia at the Jogja-Netpac Film Festival.
Around March last year, the film garnered criticism and anger from the public as it allegedly featured scenes with elements that contradicted religious beliefs.
Teen actress Syumaila Salihin was later summoned by police for questioning over her role as a 15-year-old character in the film, with Khairi having been questioned by police the previous week.
The police probes followed reports being lodged against the film for supposedly containing scenes disturbing to Muslims, including discussions on Muslims eating pork and comparisons between the teachings on life after death according to different religions.
Police had also investigated death threats against several individuals involved with the film, including Khairi, who had his car splashed with red and black paint, while the perpetrators also left handwritten threats on slips of paper.
The Home Ministry then banned the film’s screening in September last year.
However, both Khairi and Tan have since challenged the decision in court. – January 17, 2024