Balance between free speech and justice

THE recent publication of former attorney general Tan Sri Tommy Thomas’s memoir, My Story: Justice in the Wilderness, has been met with much public furore and controversy. While the Malaysian Bar completely supports anyone’s freedom of speech, expression and right to form opinions, we take the view that such freedom must be balanced with public interest and the administration of justice.

There are a number of claims raised against the contents of the book for being contemptuous of ongoing court proceedings, the details and merits of which we will not delve into here. We must ensure that any opinions on cases which are under judicial consideration do not unfairly prejudice the accused or any party. Any publication regarding such matters must not create a substantial risk that may prejudice the integrity of the case or the administration of justice. All comments that are made must be done in good faith.