Saturday, 12 April 2014

11 April 2014 - What happened in court? Next Court Date:- Tuesday(15/4/2014)

11 April 2014
At the High Court before the Judge Yang Arif Tuan Haji Kamardin bin Hashim for the decision of Lena's application to strike out the charge against her. 
Edmund Bon and Joshua Tay represented the Applicant while Deputy Public Prosecutor Jean Sharmila represented the Respondent. 
Watching briefs were also held by the Malaysian Bar (Shalini Ragunath) and SUHAKAM (Siti Kasim).

After considering submissions from both Applicant and Respondent, the learned Judge dismissed the application and ordered for Lena Hendry's trial in the Magistrates Court to proceed. He held that section 6(1) read with section 6(2) of the Film Censorship Act 2002 is a reasonable and proportionate restriction to the freedom of speech and expression guaranteed in Article 10 of the Federal Constitution. 

In delivering his decision, he stated that section 6(1)(b) is not a provision to outlaw all types of films, however all films need to be assessed by the Censorship Board in order to protect public interest and order.

In light of this decision, Lena Hendry is looking to prepare and file a Notice of Appeal in the Court of Appeal by Monday. 

Lena Hendry will also make the application to stay the Magistrates Court trial pending the disposal of the appeal in the Court of Appeal on Tuesday(15/4/2014)

Next Court Date: - 15/4/2014(Tuesday)
Venue:- Magistrate Court No. 6 
Trial scheduled to begin - but Lena's lawyers will be applying for a stay pending the appeal to the Court of Appeal. 

Supporters in court which included Ivo Apostolov from European Union, and a lecturer from Nottingham College
It is important that we continue to show solidarity for Lena Hendry..

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