Lawyers and legal analysts opined that the media should also not prompt witnesses in the case to give statements because they were the people that should be protected pending the disposal of the case.
Kim Chol was at the KL International Airport 2 (klia2) to board a flight to Macau on Feb 13 when two women attacked him, allegedly wiping his face with a liquid, later identified as the deadly VX nerve agent.
He reportedly sought help at a customer service counter at the airport and was rushed to the Putrajaya Hospital, but died on the way. He had come to Malaysia on Feb 6.
On March 1, two foreign women – Indonesian national Siti Aisyah, 25, and a Vietnamese citizen, Doan Thi Huong, 28, – were charged in the Sepang Magistrate’s Court with the murder of Jong Nam, 45, who is the half-brother of North Korean leader Kim Jong Un.
Four other men are still at large.
In the proceedings, Sessions Court Judge Harith Sham Mohamed Yasin, who sat as a magistrate, allowed an application by lawyer Gooi Soon Seng, representing Siti Aisyah, for a gag order to restrain the police and any potential witness from making press statements which could incriminate his client or compromise her right to a fair trial.
Lawyer Mohd Faizi Che Abu, when questioned on the matter, said the police or any individual who issued press statements in connection with the case could be considered as violating the court order.
The individual concerned would be issued with a show cause letter by the court if there was such a request from the counsel involved in the prosecution, he said.
He said the person concerned would be given the opportunity to explain his or her statement.
“If the person can explain and convince the court that the statement is not tantamount to the disclosing of information on the facts of the incident, then the person will be released.
“But, if the court is satisfied that the statement is tantamount to disclosure of confidential facts, such as the names of witnesses, there is a big possibility the person will be held in contempt of court and sentenced to either a fine or imprisonment,” he told Bernama.
Mohd Faizi said statements by witnesses or police outside the court would be accepted as evidence in the case as they were not made under oath.
Meanwhile, a law expert, Professor Mohd Azizuddin Mohd Sani of Universiti Utara Malaysia, said the gag order by the court should be observed so as not to complicate the situation.
“This is a high profile case which has gained world attention,” he added.
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