[UPDATED] Court rejects Malaysiakini’s bid to review contempt verdict

KUALA LUMPUR – The Federal Court dismissed Malaysiakini’s application to review the decision finding the online news agency guilty of contempt of court over readers’ comments published on its site.

A seven-member panel chaired by Federal Court judge Datuk Zaleha Yusof unanimously rejected the bid by Mkini Dotcom Sdn Bhd, the operator of the media portal, for a review and rehearing of the case. 

The other judges in the panel were Datuk Zabariah Mohd Yusof, Datuk Seri Hasnah Mohammed Hashim, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal, Datuk Rhodzariah Bujang, and Datuk Mohamad Zabidin Mohd Diah.

The panel did not issue any order on costs, in view of the fact that the matter raised today is of public concern, Malaysiakini reported.

On February 19 last year, a seven-member panel chaired by Court of Appeal president Rohana Yusuf had found Malaysiakini guilty of contempt, while its editor-in-chief, Steven Gan, was found not guilty in a suit brought by Attorney-General Tan Sri Idrus Harun.

The apex court then fined Malaysiakini RM500,000.

In delivering the verdict, Rohana had said that Malaysiakini should have been aware of the comments posted on its site, seeing that it had an impressive editorial team structure, among others.

She said that it is not possible for such a structured system to not have taken notice of the comments.

Rohana added that this case serves as a reminder for the public not to attack the judiciary through online comments.

Malaysians must use their discretion when posting remarks online, she said.

During the proceedings conducted over an online platform today, Zaleha said that the panel was not convinced by the argument raised by Malaysiakini’s lawyer Malik Imtiaz Sarwar that the earlier decision amounted to a breach of natural justice. 

Malik had argued that the portal was not given the opportunity to be heard on pivotal issues. 

Zaleha said that the arguments had already been raised and deliberated upon in front of the panel that heard the case in February last year.

Even if the panel were to agree with the arguments, it is still restrained in its powers as the proceeding this morning was to consider the application for a review and was not an appeal, she added.

Malik was assisted by lawyers Surendra Ananth and Khoo Suk Chyi.

The attorney-general as the respondent in this matter was represented by senior federal counsels Suzana Atan and K. Saravanan. – The Vibes, March 29, 2022