High Court dismisses AGC's committal application against Isham Jalil
The court held the statements made by Isham did not give rise to a real risk of undermining public confidence in the judiciary and thus did not meet the legal threshold for contempt of court.
KUALA LUMPUR - The High Court today dismissed committal proceedings brought by the Attorney-General's Chambers (AGC) against former UMNO Information chief, Isham Jalil, over his public statements concerning Datuk Seri Najib Tun Razak's 1Malaysia Development Berhad (1MDB) cases.
In delivering his decision, Justice K. Muniandy held that the statements made by Isham, whose full name is Hizatul Isham Abdul Jalil, did not give rise to a real risk of undermining public confidence in the judiciary, and thus did not meet the legal threshold for contempt of court.
"The vague allegation that the respondent (Isham) scandalised the judiciary through the impugned statements, when seen in light of the facts and context of the publication, (does not disclose) a real risk of undermining public confidence in the administration of justice. Thus, the applicant (AGC) has (failed) to discharge the (requisite) burden of proof.
"The contempt complained of does not have a direct bearing on the respective court in which the 1MDB and the SRC trials and appeals took place. The cases were already determined by the courts. Therefore, what could be regarded as scandalous or interfering with the course of justice earlier may not be so today," said the judge.
Justice Muniandy further observed that the law of contempt is not intended to shield judges or preserve their personal dignity, but rather to safeguard the public interest by ensuring that the administration of justice is not impeded or brought into disrepute.
"With the advent of social media, criticisms against a judge and his decision are commonplace, as replied by the respondent 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 said, adding that the scales of justice must never be swayed by external pressures or the clamour of public opinion.
While freedom of speech is a cornerstone of democracy, Justice Muniandy said its exercise must respect the vital function of the judiciary.
"The power of contempt of court is 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," he said.
Deputy public prosecutors Mohamad Mustaffa P Kunyalam and Nadia Mohd Izhar appeared for the prosecution, while Isham was represented by counsel Tan Sri Azhar Azizan Harun.
On March 4 last year, the High Court granted leave to the Attorney General to initiate committal proceedings against Isham Jalil, under an ex parte application filed on Dec 28, 2023. The AG sought an order for Isham to be committed to prison or fined for contempt.
The proceedings arose from statements made by Isham during an interview titled "Townhall for Justice: Keadilan Sebenarnya Untuk Siapa", in which he allegedly made remarks concerning the trial and appeal of Najib in the SRC International and 1MDB cases.
The remarks were subsequently published on the Facebook page of The Malaya Post on Sept 30, 2023.
The AG contended that Isham's remarks included a challenge to the recusal process involving Justice Datuk Collin Lawrence Sequerah (now a judge of the Court of Appeal), who had presided over the 1MDB trial in the High Court.
The AG further asserted that the respondent's statements had the effect of scandalising the judiciary and were capable of eroding public confidence in the integrity and impartiality of the judicial institution. - BERNAMA
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