KUALA LUMPUR: The criticisms made by former Umno information chief Isham Jalil on Datuk Seri Najib Razak’s 1Malaysia Development Bhd (1MDB) cases, during a townhall last year, was not in contempt of court as they were within reasonable limits, the High Court ruled.
Justice K. Muniandy said Isham’s impugned statements, when seen in the light of the facts, did not pose a real risk of undermining public confidence in the administration of justice.
“Thus, the applicant (AGC) has not discharged the burden of proof,” said the judge yesterday in his decision to dismiss the Attorney General’s Chambers (AGC) proceedings against Isham.
Justice Muniandy said the impugned statements did not have a direct bearing on the respective courts in which the 1MDB trial, the SRC trial and the appeals took place.
“The cases were already determined by that courts. Therefore, what could be regarded as scandalous or interfering with the course of justice earlier may not be so today,” he said.
With the advent of social media, Justice Muniandy said criticisms against a judge and his decisions are commonplace, as indicated by the respondent (Isham) in his reply to the show cause.
“As a judge, resilience isn’t just a desirable trait, it is part and parcel of our sacred vocation. Our duty demands that we adjudicate cases with absolute independence, unwavering impartiality, and unassailable integrity,” Justice Muniandy added.
The judge also said prosecuting for contempt should not be used to restrict honest criticism if it is based on reasonable grounds, however harsh it could be.
He said Isham’s opinions were based on facts and matters widely discussed in the public domain.
“The most effective way for the judiciary to dispel unwarranted criticism and defend its integrity against scurrilous attacks is through the delivery of judgments that are undeniably fair, just and rooted deeply in the principles of law, which is reflected by the judgments delivered in the cases referred to by the respondent.
“For the reasons given, the application for committal of the respondent for the alleged contempt of court is hereby dismissed,” Justice Muniandy said.
Deputy public prosecutors Mohamad Mustaffa P. Kunyalam and Nadia Mohd Izhar appeared for the prosecution. Lawyer Tan Sri Azhar Azizan Harun represented Isham, whose full name is Hizatul Isham Abdul Jalil.
