THE Federal Court has dismissed an application by Malaysiakini and its editor-in-chief, Steven Gan, to strike out contempt charges brought against them by the attorney-general over readers’ comments that allegedly scandalised the court. 

A panel of seven judges, led by Court of Appeal president Rohana Yusuf, ruled that a contempt hearing be held on July 13 over the publication of readers’ comments.

The comments, published on the news portal in response to an article on June 9, have been deemed by prosecutors to have undermined the judiciary. 

If found guilty at such a hearing, the news portal and Gan could be fined. The 58-year-old editor could also go to jail.

Gan, dressed in a dark grey suit, sat in the public gallery of the courtroom with Malaysiakini co-founder and CEO Premesh Chandran. Several of the portal’s staff waited outside the courtroom in support of Gan.

“The court has ordered that we should not say anything more on the subject and I’m not at liberty to comment on this issue,” Gan told reporters outside the courtroom. 

“We will definitely be fighting it the best we can when we come back here on July 13.” 

In court papers filed on June 15, Attorney-General Idrus Harun said that five readers’ comments on an article were critical of Chief Justice Tengku Maimun Tuan Mat’s directive to the courts to reopen on July 1, following the easing of movement restrictions.

The comments, which implied and alleged corruption in the judiciary, were read out in court, as were the usernames. 

“Looking at the nature of the impugned comments, which implicate the judiciary as a whole, which also includes the chief justice of the Federal Court, we are of the view that the court is the right forum to commence these (contempt) proceedings,” said Rohana in reading out the judgment. 

“The application is hereby dismissed unanimously, and we will hear the merits of the attorney-general’s application on another date.

“Pending the disposal of the matter, we hereby direct parties not to make any comment on this case to avoid sub judice.”

Also on the panel were Chief Judge of the High Court of Malaya Azahar Mohamed, Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, and Federal Court judges Abdul Rahman Sebli, Vernon Ong Lam Kiat, Nallini Pathmanathan and Mohd Zawawi Salleh. – July 2, 2020.