During the hearing, Al-Maleh asked to be informed of his indictment, insisting that his testimony be presented before the investigating judge as well as the State Security Department. He then confirmed that his testimony, during all stages of the investigation, had always been voluntary. He went on to reiterate the fact that prison authorities had prevented him from receiving private council. He asked the court to postpone his interrogation until he was able to discuss his case file with his lawyer in private, demanding that the prison authorities be obligated to do so. The Court decided to postpone Al-Maleh's interrogation and ordered that the Adra Prison authorities permit him private council.

Haitham Al-Maleh, now 78, was arrested by Syrian authorities on 14 October 2009 following a summons in connection with an interview he gave on London-based Barada TV. He was presented before Damascus' Criminal Military Court and charged with "the dissemination of false news". He is likely to face an unfair trial and severe punishment of up to 15 years imprisonment. He is currently held inside Adra prison, Damascus, while his health is rapidly deteriorating due to the prison authorities' refusal to provide him with his prescription medicine.

On 19 March 19 2010 his son Iyas Maleh, presented his father's case before Geneva's Human Rights Council, and later met with Alkarama to discuss further advocacy strategies, with the hopes of gathering increased support from NGOs and human rights groups to put pressure on the Syrian authorities for Haitham Al-Maleh's release.