A LAWYER who is the target of contempt proceedings brought by Attorney-General Tommy Thomas has questioned whether the country’s top legal official had committed the same offence in a speech at the opening of the legal year.

Lawyer Arunachalam Kasi, better known as Arun, questioned whether Thomas’ comments on the state of the judiciary is within boundaries of freedom of speech, as provided under Article 10 of the constitution.

“If the court considers anyone has committed a contempt, the power is with the court to issue a notice to show cause why he should not be committed, under Order 52 rule 2B of the Rules of Court 2012 read with Article 126 of the Federal Constitution,” he said.

In a speech delivered on January 11, Thomas said: “The administration of justice has not been immune from the cancer of corruption which spread in the conditions created by the former government.”

“The scandals that involved judges, lawyers, prosecutors and litigants for at least three decades since the judicial crisis of 1988 are too well known, and no reminders are required for this morning’s audience.” 

Present at the event were chief justice Richard Malanjum and other members of the legal fraternity.

Arun  said he has written to Malanjum and the Bar Council asking what stand both parties had on the speech.

“Needless to say the AG himself said many times, including in the speech, there should be no double standards in enforcement of the law,” he added. 

In February, the Federal Court allowed Thomas to bring contempt proceedings against Arun for two articles he published in the Aliran online portal, which criticised an affidavit filed by Court of Appeal judge Hamid Sultan Abu Backer on alleged judicial misconduct.

The 65-page Hamid affidavit contained allegations of top judges making rulings to suit Putrajaya’s wishes and of collusion with private parties involved in government contracts to ensure they were not delivered in order to obtain hefty compensation.

The affidavit was filed to support an originating summons by lawyer Sangeet Kaur Deo.

Sangeet is seeking a declaration that the chief justice had failed to intervene in two cases of judicial interference, including the sedition case of her father, the late Karpal Singh.

The cabinet has agreed to set up a royal commission of inquiry to look into the allegations. 

Former AIAC chairman Sundra Rajoo, who is alleged by Hamid Sultan to be part of the judicial misconduct, claim trial last month to three counts of criminal breach of trust  involving more than RM1 million in funds. – April 8, 2019.