Court rules Isham's remarks on Najib's trial not contemptuous
High Court judge K. Muniandy made the ruling after dismissing committal proceedings initiated by the Attorney-General's Chambers (A-GC) against Isham today.
The court said that the contempt alleged did not have a direct bearing on the specific courts in which the 1MDB and SRC International Bhd cases had been heard and decided.
"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.
"The vague allegation that the respondent (Isham) has scandalised the judiciary by making the impugned statements, when seen in the light of the facts and context of the publication, the statements do not pose real risk of undermining public confidence in administration of justice," said the judge.
Muniandy said the object of the law of contempt was not to protect judges and their dignity but to protect the rights of the public by ensuring that the administration of justice was not obstructed.
"With the advent of social media, criticisms against a judge and his decision is commonplace, as replied by the respondent in his reply to the show cause.
"As a judge, our duty demands that we adjudicate cases with absolute independence, unwavering impartiality, and unassailable integrity.
"This is not always easy, as we must stand resilient in the face of adversity and criticism, for the scales of justice must never be swayed by external pressures or the clamour of public opinion," he said.
Muniandy said the judgments in corruption cases involving 1MDB and SRC International were clearly based on facts and the law, rather than emotion or public pressure.
"It shows that the ebb and flow of administration of justice is guided by legal principles, not by the shifting tides of public opinion or scurrilous attacks."
Muniandy said while freedom of speech was a cornerstone of democracy, its exercise must respect the vital function of the judiciary.
He said the power of contempt of court was a necessary tool to prevent genuine obstruction or subversion of justice.
"However, its use should be reserved for cases where there is a real risk of undermining the administration of justice, not merely to suppress uncomfortable or even critical opinions.
"The most effective way for the judiciary to dispel unwarranted criticism and defend its integrity is through undeniably fair and just judgments," he added.
A-GC filed the contempt application on Dec 28, 2023, following Isham's remarks in an interview titled "Townhall For Justice: Keadilan Sebenarnya Untuk Siapa?" (Justice: Who Is It Really For?)
In his remarks, Isham had criticised the corruption trial and appeal involving his former boss, Datuk Seri Najib Razak, in relation to the 1Malaysia Development Bhd (1MDB) and SRC International Sdn Bhd cases.
The recorded interview, which discussed the trial and appeal proceedings in the SRC and 1MDB cases, was posted on the Facebook page of "The Malaya Post" on Sept 30, 2023.
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