The Court of Appeal today has ordered a journalist with The Star to continue testifying in the case of former ISA detainee Yazid Sufaat and canteen helper Muhammad Hilmi Hassan under the Security Offences (Special Measures) Act.

In making the order, the three-member panel ruled that national security overruled a journalist's confidentiality code used to protect a source.

With this, journalist Tashny Sukumaran will have to continue testifying at the trial of the two accused who are said to be members of the militant extremist group Tanzim al-Qaeda Malaysia and were alleged to have recruited members.

The decision was made unanimously by the panel led by Court of Appeal judge Mohtaruddin Baki.

“We dismissed the appeal as we find national security overrules confidentiality,” he said.

The other two judges were Justice Tengku Maimun Tuan Mat and High Court judge Kamardin Hashim.

Strict code of confidentiality

Counsel New Sin Yew, who is representing Yazid and Hilmi, and DPP Ishak Mohd Yusof, who is also deputy head of the prosecution division in the Attorney-General's Chambers, confirmed today's decision when contacted by Malaysiakini .

The decision today is seen as affecting the journalism profession in Malaysia which adopts a strict code of confidentiality in not disclosing sources.

Tashny was answering questions from the prosecution during the trial when the former asked her to disclose the source of her front-page report.

She and the MCA-owned daily then made the application to set aside the court order instructing her to testify at the trial.

Kuala Lumpur High Court Justice Mohd Azman Husin, who had presided over the Yazid and Hilmi case, had previously ordered Tashny to continuing her testimony.

Yazid, a former ISA detainee and a bio-chemist, along with Hilmi, are held under the Security Offences (Special Measures) Act (Sosma) 2012 for being part of an alleged terrorist group, Tanzim al-Qaeda Malaysia.

Both of them are also charged with trying to recruit people to be part of the Tanzim al-Qaeda Malaysia group. Although they are detained under Sosma, they are charged under the Penal Code.

If found guilty, they stand to face 30 years' jail or life imprisonment.

Tashny and The Star were represented by lawyers Christopher Leong and Syahredzan Johan who submitted in court that the newspaper does not want her to reveal the sources of the story. Furthermore, what she wrote was not related to the charge faced by Yazid.