PETALING JAYA: The defence requested the Sessions Court for a gag order to be imposed on five TikTok users, who allegedly uploaded contents deemed sub judice against the parents of Zayn Rayyan Zaim Ikhwan.
The 6-year-old boy was found dead near his residence in Damansara Damai on Dec 6, 2023. The couple was subsequently charged with neglect of their son, which might have caused him physical injury on June 13 this year.
The five TikTok accounts were under the usernames of CEO Zayn Rayyan, Myraskitchen00, cikpika_pika_ii, BeMalaysian 2.0 and Malaikat Maut 382.
Lawyer Fahmi Abd Moin, who was representing Zaim Ikhwan Zahari, 29, and Ismanira Abdul Manaf, 29, informed judge Dr Syahliza Warnoh that the contents uploaded by the account holders amounted to cyberbullying against his clients.
He said he had been monitoring video links on TikTok since his clients were investigated and charged.
"Many videos and livestreams made by these TikTok users contain damaging and sub judice content, which can be considered cyberbullying towards the accused, their families and their lawyers.
"These five TikTok accounts have uploaded videos that are provocative, inciteful and contain sub judice comments against my clients.
"We request that these accounts be given a gag order, and if they violate this order, we will likely lodge a police report to stop their actions," he said during the first mention proceedings alongside lawyer Ilyani Khuszairi.
Deputy public prosecutor Nurul Qistini Qamarul Abrar in response said they had not yet had the chance to review the content in the mentioned accounts since this matter was only brought to the prosecution's attention this morning.
"We request that the defence file a new application accompanied by an affidavit to be presented to the court.
"At this stage, we feel that the application for a gag order is premature, but I leave it to the court's discretion," she said.
After hearing Nurul Qistini's response, Fahmi requested the court to issue a judicial notice as a warning to the five individuals.
After hearing applications from both parties, Syahliza did not issue any gag order but directed the defence to report to the authorities if there was any content that invited sub judice comments that could be contempt of court.
"At the previous proceedings, the court had already issued a gag order to the parties involved in this case.
"The court once again reminds all parties, especially the public, not to make sub judice comments that could be contempt of court," said the judge.
Meanwhile, the prosecution confirmed that they had handed over most of the trial documents, including statements recorded from Zayn Rayyan's parents and photographs of the scene related to the autism child's neglect case.
Nurul Qistini informed the court today that the forensic report and copies of closed-circuit television (CCTV) recordings had not yet been provided to the defence team as they were still being prepared.
The prosecution requested another mention date to allow the remaining documents to be handed over before the trial date is set.
Syahliza set Sept 18 for the status of the document submission.