The two Australian journalists who were arrested Saturday night for allegedly breaching security cordon to approach Prime Minister Najib Abdul Razak were not charged in court today but instead will be deported.
According to Sarawak Criminal Investigation Department chief SAC Dev Kumar, the police had received instructions from the deputy public prosecutor that no charges would be filed against the two.
“Instead, they will be deported from the country in pursuant with Section 18 (3) (h) of the Immigration Act 1959/63,” he said in a statement this morning.
Earlier, the police said the duo, reporter Besser and camera operator Louie Eroglu, will be charged under Section 186 of the Penal Code for "obstructing a public servant in the discharge of his public functions".
"The lawyer for the ABC pair, Albert Tang, said he received a call from Ng Ahlek, the superintendent of police for Malaysia's Padawan District, telling him to bring his clients to court at 8.30am (local time) so they could be charged," the ABC reported this morning.
If found guilty, they can be fined up to RM10,000 or jailed up to two years.
Separately, Human Rights Watch Asia Division deputy director Phil Robertson said that alongside the recent hutdown of The Malaysian Insider , the episode shows that press freedom is becoming increasingly endangered under Najib's leadership.
"It's hopeful that the police are now saying the two Australian journalists may not be charged but that doesn't change the fact that the original knee-jerk reaction to arrest them demonstrates the incredible lengths that the authorities are prepared to go to protect the prime minister from any sort of hard questions about his actions.
“ It's shameful that the Malaysian government is apparently willing to shred the country's already diminished reputation as a rights-respecting democracy to shield one man from serious allegations of malfeasance,” he said.
The two journalists were picked up at their hotel two hours after allegedly trying to cross the cordon to "aggressively" question Najib during his visit at Kota Sentosa.
Besser, who is attached with ABC's 'Four Corners' programme, questioned Najib on why millions of ringgit were deposited into his bank account as the PM he walked into a mosque, the ABC reported.
"The pair were surrounded by the Prime Minister's security team and then allowed to leave, before later being arrested and questioned for six hours in a police station," it reported.
ABC News director Gaven Morris reportedly denied the journalists had tried to obstruct public servants from doing their duty and did not see any security cordon.