THE Johor Baru Sessions Court will hear the case of former Batu Berendam MP Mohd Tamrin Abdul Ghafar, who is accused of making an offensive statement against Johor royalty on his blog.

This was after Tamrin, who is the son of former deputy prime minister, the late Abdul Ghafar Baba, lost his appeal in the Court of Appeal today to get his case transferred to the Kuala Lumpur Sessions Court.

The Court of Appeal’s three-member bench comprising Justices P. Ravinthran, Ahmad Zaidi Ibrahim and Azman Abdullah, in dismissing his appeal, ruled that the reasons of bias and interference given by Tamrin for the transfer was without merit.

“We agree with the High Court and Sessions Court that the grounds (given by Tamrin) to transfer (his case to the Sessions Court in Kuala Lumpur) is without any merit.

“One must not assume a judicial officer will be biased in favour of the royalty. By the same token, it must not be assumed there would be interference in this case and the course of justice would be subverted,” said Justice Ravinthran, who delivered the court’s decision.

Justice Ravinthran also said the court disagreed with Tamrin’s lawyer Muhammad Rafique Rashid Ali’s contention that the Sessions Court in Kuala Lumpur can hear any criminal cases from any part of Peninsular Malaysia, following a case law authority in Public Prosecutor vs Abul Hassan Mohamed Rashid.

In that case, the Court of Appeal had ruled that the Sessions Court in Kuala Lumpur can try cases from any part of the peninsula as the Yang-di-Pertuan Agong has not limited the jurisdiction of the lower court in the Federal Territory of Kuala Lumpur under the Subordinate Courts Act 1948.

However, deputy public prosecutor Dusuki Mokhtar said that case law authority should not be applied to Tamrin’s case as the circumstances of his case were different.

Tamrin’s case is fixed for mention before the Johor Baru Sessions Court on March 21.

Tamrin, 73, had claimed trial in the Sessions Court in Johor Baru on March 10, 2021, to a charge of making an offensive statement against the Johor royalty through his blog “tamrintunghafar”, which is linked to his Facebook page, at the Media RPO Services office in Jalan Persiaran Southkey 1, Kota Southkey, Johor Baru, Johor at about 7pm on February 2, 2020.

The blog post involved an article about the Crown Prince of Johor Tunku Ismail Sultan Ibrahim and the Sultan of Johor, Sultan Ibrahim Sultan Iskandar.

The charge, under section 233(1)(a) of the Communications and Multimedia Act 1998 (Act 588), provides a fine not exceeding RM50,000, or imprisonment for up to a year, or both, if found guilty, and shall also be liable to a further fine of RM1,000 for every day during which the offence is continued after conviction.

Tamrin was released on RM8,000 bail with one surety.

He subsequently applied for his case to be transferred to the Sessions Court in Kuala Lumpur giving reasons, among others, that he would be prejudiced if his case is heard by the Sessions Court in Johor Baru as it involved the Johor royalty.

On September 5, 2021, the Sessions Court in Johor Baru dismissed his application to transfer his case to the Sessions Court in Kuala Lumpur.

The Johor Baru High Court also rejected his appeal on April 7, last year. – Bernama, March 13, 2023.