Court case on 6 June 2012 has been delayed again.

Keputusan kes Zunar vs Polis/Kerajaan Malaysia yang dijadualkan hari Rabu (6 Jun) ini ditangguh lagi ke satu tarikh yang belum ditentukan atas permintaan Peguam Negara!

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The Court Case of Zunar vs Police Government of Malaysia which was scheduled for Wednesday (June 6) was postponed again upon the request of the Attorney General to a future date.

Court case on 23 May 2012 has been delayed.

Keputusan kes Zunar saman polis/kerajaan Malaysia kerana tangkapan tak sah yang sepatutnya dijadualkan esok 9 pagi 23 Mei 2012, ditangguhkan ke 6 Jun 2012.

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Result for case zunar regarding the unlawful arrests suppost to be heard tomorrow 23 of may 2012 at 9am had been delayed to 6 of June 2012

A Note From Zunar: Decision On Civil Case This Week

May 21, 2012

Reference :  http://www.comicsreporter.com/index.php/a_note_from_zunar_decision_on_civil_case_this_week/

A Note From Zunar: Decision On Civil Case This Week

The Malaysian cartoonist Zunar issued a press notice yesterday to remind that a decision will be rendered in two days on his civil suit against police political authorities in his country regarding his unlawful detention a couple of years ago due to the content of his bookCartoon-O-Phobia. The cartoonist was held for two days, was investigated under the Sedition Act, and if my memory serves was picked up right before some crucial publicity-style events designed to drive sales of that volume. One of the key concerns in the suit is that Zunar was arrested before the books were publicly available, which combined with the fact that no one has come close to rioting or anything like that due to Zunar's cartoons, puts some stress on officials' claims that there was some sort of imminent danger that called for the cartoonist's detention.

Due to Malaysian law, the court could also decide that Zunar has to pay the government about 8000 Euros for bringing the case in the first place. This also to my mind doesn't really get at a key of the Zunar matter, which is the chilling effect the government's actions have had on the artist's ability to print and distribute his comics in his home country just generally, due to potential partners and commercial allies being frightened away. Even so, there are preferred outcomes here, obviously. So all eyes on Kuala Lumpur.
 

Zunar Confirms That Civil Court Case Decision Comes On May 23

The Malaysian cartoonist Zunar has confirmed with a press release information he released via a tweet earlier in the week: that his civil case against government officials for harassment based on the political content of his cartoons has ended, and that a decision will come on May 23.

"My case proceeding has completed on the 6th of April with three more police officers testified for the government; ASP Zaihairul Idrus, ASP Arikrishnan and ASP Marina Hashim.

And they systematically said: 'Every page of Zunar's book contains cartoons that depict political leaders, the police and the judiciary, and can incite hatred and misunderstandings among the public.'

'It can also cause the public to be confused and lost confidence of the parties referred to (in my cartoons), and have bad faith in creating racial and religious unrest.'

In the previous sessions, I have also testified together with publisher and other witnesses, and maintained that the arrest was politically motivated.

On 24th September 2012, I was arrested and jailed for two days over the publishing of my then new book, Cartoon-O-Phobia. On top of that, I was investigated under the Sedition Act, which carries the maximum three-year jail if found guilty.

I challenge the Malaysian government on the ground that the arrest was made in bad faith, mala fide, and not according to the law. This is based on the fact that when the arrest was made, the books were not available in the market yet.

In my suit, I claimed general, aggravated and exemplary damages, losses from art collage and 66 books confiscated during the raid; and loss of earnings from inability to sell books.

The table could turn other way if I lose, in which I would have to pay up to RM40,000.00 (Euro 8,000.00) to the government."

I did not know that last part, that there may be significant financial cost to the cartoonist if the case does not end well. There is a definite economic element to this case that is fascinating to me, from this permutation of the court decision to the way that the cartoonist has found it difficult to find printers in his home country.

Malaysia: “Cartoon-o-phobia” case against government, police, continues.

From  UNCUT free speech on the frontline

April 12 by Alice Purkiss Malaysia

Reference : http://uncut.indexoncensorship.org/2012/04/malaysia-cartoon-o-phobia-case-against-government-police-continues/

The case of a political cartoonist who was arrested and detained in 2010, and took the government to court as a result, continued last week.

Malaysian cartoonist Zulkiflee Awar Ulhaque, known as Zunar, lodged his complaint of unlawful detention against the Malaysian police and government, following his September 2010 arrest.

On 24 September 2010, police raided Zunar’s Kuala Lumpur office several hours before the scheduled release of a compilation of his cartoons, entitled “Cartoon-o-phobia”.

The cartoonist, whose work criticises public figures and organisations within Malaysia, was arrestedcharges of sedition and publishing offences. If found guilty under the Sedition Act, Zunar faced a maximum three-year jail sentence. During the raid on his office, 66 copies of Cartoon-o-phobia on the premises were seized by police, despite protests from Zunar’s lawyers.

Zunar believes that the arrest and detention process was an attempt to “scuttle the launch” of his cartoon collection, and was conducted in “bad faith”. The cartoonist said: ”I perform my duty as a political cartoonist to be a ‘watchdog’ to the authorities and to represent the voice of the people through art. Thus, based on their continuous actions, I knew the Malaysian government was not happy with my work, and they try to do everything to stop me from producing cartoons.”

He added: “I think the arrest was politically motivated in order to prevent me from drawing cartoons that promote alternative thinking and critical voices.”

 Following his arrest, police were unable to determine which cartoons were offensive, or what offence the cartoonist was in breach of. The cartoonist was moved between several police stations, but was not questioned during the first 24 hours of detention. He was released without charge on the evening of the 25 September.

Zunar has brought a civil suit against the government and the police, challenging them for his unlawful arrest and detention, and the confiscation of the books. Zunar is seeking general, aggravated and exemplary damages, along with the return of the property which was confiscated during the raid.

He said: “I know it is a big decision to challenge the Malaysian government in the court. The stakes are high. If I lose I have to pay up to RM40,000.00 (around GBP 7,000).  But I vow to keep fighting as my rights of expression is guaranteed under the Malaysian Constitution. I also hope I can create more awareness to the public about the [state of] press freedom in this country, [where] drawing political cartoons has become a crime.”

In January this year, the case began at the Kuala Lumpur High Court. Four witnesses, including the arresting officer, who decided that the whole book and not selected pages were seditious, testified before the court. Government lawyers attempted to justify that the arrest, detention and confiscation of the cartoons were done in good faith, in accordance with the law.

The case resumed on 5 April. According to his Twitter feed, government lawyers told the court that Zunar was arrested under the Printing Presses Act, and that the cartoons offered an element of incitement.  The lawyers added that all pages of “Cartoon-o-phobia” were inflammatory.

Zunar explained that in the sessions of the 5 and 6 April, police officers Zaihairul Idrus, Arikrishnana and Marina Hashim gave testimony to the court. He said: “in the last session on 5 and 6 April, three police officers testified and tried to justify the arrest. They constantly said: “Every page of Zunar’s book contains cartoons that depict political leaders, the police and the judiciary, and can incite hatred and misunderstandings among the public.”

Seven other books of the cartoonists’ work have also been banned under the Printing Presses and Publication Act, as the Home Ministry secretary-general Mahmood Adam described them as “not suitable and detrimental to public order.” It was also reported that Adam said the books could influence the public to overthrow the government. In July 2010, Zunar filed a suit to challenge the banning of his books, but this was rejected by the court later that month.

The court will return their decision on 23 May.

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Zunar's case court examination

Lawyer N Surendran to ASP Arikrishnan,

Q: Under which provision of the Sedition Act of the 1948 you are allowed to seize all copies of Cartoon-O-Phobia?

A: s4(1)(c ) Sedition Act 1948

Q: Do you agree that s4(1)(c) does not give you the power?

A: Agree

Q: Do you agree that this country is a democracy?

A: Agree

Q: Do you agree that it is legal under the law to criticize the Prime Minister & his wife?

A: Agree

Q: Do you agree that the reason why you seize the “collage” of the PM & his wife is because it criticized the PM & his wife?

A: Agree

Q: Do you agree that the “collage” of the PM & his wife were seized because it criticized the PM & the wife and therefore it is seditious?

A: Agree

Q: Do you agree that the people have the right under the Article 10 of the Federal Constitution to give opinion and to criticize the government?

A: Agree

Q: Do you agree that every citizen has the right to criticize the government?

A: Agree

Q: Do you agree that the citizen has the right to criticize UMNO?

A: Agree

Next Question refers to a cartoon that depicts 3 Prime Ministers (Tun Mahathir, Tun Abdullah Badawi & Datuk Seri Najib)

Q: The question is that you stated that the cartoon is seditious. Do you agree that Mahathir is no longer the Prime Minister?

A: Agree

Q: The cartoon on Mahathir is an interpretation of history? Do you agree?

A : Agree

Q: Interpretation of history is not seditious? Do you agree?

A: Agree

Q: So do you agree the cartoon on Mahathir is not seditious?

A: Agree

This question refers to the cartoon that depicts Datuk Seri Najib (with an iron fist on judiciary, media & police)

Q: Do you watch TV?

A: No, I don’t have time to watch TV.

Q: Do you agree that your conclusion with regard to the independence on the media is wrong?

A: Not agreed.

Q How do you disagree if you don’t even know the media is independent or not?

A: This is based on my personal opinion.

Q: You admitted that you didn’t know the independence of the media. Do you agree that your view is wrong?

A: Disagree

Q Do you agree that cartoon is a form of art?

A: Agree

Q Do you know that the Zunar has won a few international awards?

A: Yes, I know.

Q Do you agree that cartoon is an art form that is part of democratic process?

A: Agree

Q: Do you agree that political cartoon is an important part in a democracy?

A: Agree

Q: Do you agree that the art of cartoon provides a space for people to come out with an interpretation and therefore part of a democratic process?

A: Agree

Q: Do you agree that it is the duty of an artist to reveal the truth to the people?

A: Agree

Q: Do you agree that an artist like Zunar is doing a service to the country by revealing the truth?

A: Agree

Q Zunar is actually discharging his duty as an artist to reveal the truth?

A: Disagree

This question refers to the “collage” of the PM & the wife 

Q: Do you agree that after the “collage” was seized, the condition has become depreciated?

A: Agree