Federal Court dismisses Malaysiakini's bid to set aside AG's contempt of court action

Malaysiakini's editor-in-chief Steven Gan speaking to reporters outside the Federal Court.

PUTRAJAYA: The Federal Court here has dismissed an application by Malaysiakini to set aside a contempt of court action filed by the Attorney General against the news portal over readers' comments on the judiciary.

A seven-man panel of the apex court made the decision here on Thursday (July 2) after hearing submissions from both parties.

In the unanimous decision, Justice Rohana Yusuf, who chaired the panel, said the Federal Court was the right forum to commence these proceedings after looking at the nature of the impugned comments.

The comments, she said, implicated the judiciary as a whole, including the Chief Justice.

"We will hear the merits of the AG's application on another date.

"Pending the disposal of the matter, we hereby direct parties not to make any comments on this case to avoid subjudice," she added.

The court fixed July 13 for the hearing of the main application on contempt of court.

Other judges on the panel are Chief Judge of Malaya Justice Azahar Mohamed; Chief Judge of Sabah and Sarawak Justice Abang Iskandar Abang Hashim; and Federal Court judges Justices Mohd Zawawi Salleh; P. Nallini; Vernon Ong Lam Kiat; and Abdul Rahman Sebli.

On June 17, a Federal Court three-member bench allowed AG Tan Sri Idrus Harun's ex parte application for leave to commence committal proceedings against Mkini Dotcom - which runs news portal Malaysiakini - and Malaysiakini’s editor-in chief.

The bench allowed the leave application on grounds that a prima facie case for contempt was established.

The application was in relation to five comments on an article published by Malaysiakini on June 9 entitled "CJ orders all courts to be fully operational from July 1".

Malaysiakini then filed to set aside the leave order obtained by the AG, which was heard today before the seven-man panel.

Speaking to reporters outside, Malaysiakini's editor-in-chief Steven Gan said they could not comment further on the matter based on the court's order.

"We will definitely be fighting it when we come back here on July 13," he said.