The Sessions Court in Kuantan today imposed a gag order on 15 anti-Lynas activists who have been charged with illegal assembly and rioting.

Sessions judge Zainal Abidin Kamarudin imposed the gag order on them not to discuss the case on social media as an added condition for their release on bail, besides having to report to the police station once every month.

This follows an application by DPP Kalmizan Salleh for these two conditions to be imposed.

Initially, Kalmizan also wanted the accused be barred from leaving Kuantan and also to be prevented from going within 20 metres of the Lynas rare earth's refinery in Gebeng, which is close to the Pahang state capital.

Their lawyer Gobind Singh Deo, who is also Puchong MP, told that barring his clients from commenting on the case in the social media constituted an infringement on their right to freedom of speech.

“We reject all the conditions. As far as they are concerned, they have the freedom of assembly and freedom of speech which is provided under the federal constitution,” he said.

Following this, Gobind ( in red tie ) will make an application to the High Court in Kuantan to set aside the condition, saying it was against the federal constitution.

 
“In a criminal trial, especially the trial is in open court, if everybody else in the court can see what happened and can comment about it and write about it in social media, then it’s unfair to restrict the accused from speaking about it,” he added.

Earlier, Zainal also imposed a RM2,500 bail on all the accused.

Of the 15, five of them, including Himpunan Hijau steering committee vice-chairperson Phua Kia Yeow, have been charged with rioting, under Section 147 of the Penal Code. The others are Ho Kam Huat, Foong Poh Choo, Wong Chee Wai and Wong Chee Wen.

The other 10, including Himpunan Hijau leader Wong Tack ( on the left ), have been charged with unlawful assembly for not abiding by the order to disperse, issued by Kuantan OCPD Assistant Commissioner Abdul Aziz Salleh.

The nine are Raymond Ng Abdullah, Chong Kong Yuen, DAP superman Hew Kuan Yau, Thomas Wang, Ta Weng Seng, Lee Khai Ming, Rapar Ahmad, Tan Chee Hooi and Zamri Zonal.

They have been charged with not dispersing from the illegal assembly at Jalan Bandaran in Gebeng, between 4pm and 5.30pm on June 22, despite the directive issued by Abdul Aziz.

Meanwhile, Ho, besides his Section 147 charge, also faces another charge under Section 353 of the Penal Code for obstructing the police by kicking Corporal Isaher @ Azhar Abd Hamid.

Sessions judge Zainal Abidin fixed Sept 2 for mention of the case. All 15 have been released after their bail of RM2,500 each had been posted.

Besides Gobind, the other lawyers representing the accused are S Prakash and Revin Jay Kumar.

Activists charged, but their attackers roam free