Chegubard’s acquittal in royal insult case overturned

KUALA LUMPUR: The High Court today overturned the sessions court’s decision to acquit former Port Dickson Bersatu chief Badrul Hisham Shaharin of making defamatory remarks that could tarnish the reputation of the king.

Justice Noor Ruwena Nurdin ordered Badrul, also known as Chegubard, to enter his defence after allowing the prosecution’s appeal, ruling that the prosecution had established a prima facie case against him.

“Having heard the parties’ submissions and examined the record of appeal, the court is satisfied that there is credible evidence showing that the statement made by the respondent was untrue and amounted to defamation.

“The prosecution has succeeded in establishing a prima facie case against the respondent and, as such, the respondent is called upon to enter his defence on the charge,” she said.

She ruled that the evidential burden had now shifted from the prosecution to Badrul, who must adduce evidence capable of rebutting the prosecution’s case.

The court ordered that the case be remitted to the same sessions court judge, Norma Ismail.

In her grounds of judgment, Ruwena noted that the comptroller of the royal household had instructed the palace’s media liaison officer, Husni Yusof – the first prosecution witness – to file a police report after Badrul allegedly claimed in a social media clip that the king had agreed to grant an audience to several representatives from Perikatan Nasional.

She said the witness testified that the meeting never took place.

“The witness stated that the claim that an audience had been granted was untrue and that no such meeting had taken place, which formed the crux of the prosecution’s case that the statement was defamatory,” she said.

On Nov 11 last year, the sessions court acquitted Badrul at the close of the prosecution’s case after finding that a prima facie case had not been established. The prosecution subsequently filed an appeal.

Badrul, 47, was charged on April 29, 2024 over the offence allegedly committed seven days earlier.

The charge under Section 500 of the Penal Code carries a maximum penalty of two years’ imprisonment, a fine, or both upon conviction.

Rafique Rashid Ali represented Badrul while deputy public prosecutor Faizal @ Amrin Noor Hadi appeared for the prosecution.