PUTRAJAYA: The Attorney-General (AG) has been given the green light to institute contempt proceedings against Mkini Dotcom Sdn Bhd, the company which runs news portal Malaysiakini and its editor-in-chief over five readers' comments which allegedly scandalised the judiciary.
This follows a decision by a three-man Federal Court bench led by Court of Appeal president Datuk Rohana Yusuf which allowed AG Tan Sri Idrus Harun's ex-parte application for leave to start contempt proceedings against the two which he named as the respondents.
The bench allowed the application on grounds that a prima facie for contempt has been established to initiate the contempt proceedings.
"We agree that a prima facie for contempt was established and therefore we allow this application," Rohana said.
The others presiding were Federal Court judges Datuk Seri Mohd Zawawi Salleh and Puan Sri Zaleha Yusof.
Earlier, senior federal counsel Alice Loke Yee Ching who appeared for the AG said the basis of the application was in relation to five comments on an article published by the news portal on June 9 entitled "CJ orders all courts to be fully operational from July 1".
She contended that the statements (comments) published in Malaysiakini involves contents which constituted contempt of court.
In establishing the element of fact of publication, Loke argued that by virtue of Section 114A of the Evidence Act, the news portal had allowed the comments which are deemed to be offensive and embarrassing to the judiciary to be posted on the comment section of its site.
She said Section 114A states that a person who facilitates to publish or re-publish the publication is presumed to have published or re-published the contents.
"I am mortified to even read the statements. It is embarrassing and there is only one conclusion to it which is derisive, an indirect attack to the Chief Justice, judge and the judiciary as a whole and it would result in eroding public confidence in the judiciary.
"The statements are also very personal, scurrilous, an unwarranted attack and embarrasses the judiciary that exposes the judiciary to public scandal and contempt," she said adding that a prima facie case of contempt has been made out.
She also submitted that it was irrelevant for the respondents to say they had no intention or lack knowledge and as such, the requirement of mens rea was unnecessary.
The AG, as the guardian of public interest had applied to be the applicant in the matter, especially when offensive and insulting statements are made against the judiciary, she said.
Meanwhile, lawyer A. Surendra Ananth who represented the respondents told the court that a representation was sent to the AG yesterday to consider withdrawing the application.
However, Loke said the AG has considered it and still wished to proceed with the application.
Hearing of the contempt proceedings has been fixed on July 2 while a case management date has been fixed on June 25.