A SEVEN-MEMBER panel of the Federal Court today dismissed Malaysiakini’s review bid to overturn a Federal Court decision, which found the online news portal guilty of contempt over comments by its readers.

The panel, led by Justice Zaleha Yusof, held that the arguments raised in today’s review proceedings by Malaysiakini’s counsel Malik Imtiaz Sarwar had been raised in the committal proceedings before the previous Federal Court panel.

She said the court was not persuaded by the counsel’s submissions on issues pertaining to allegations of breach of natural justice.

Justice Zaleha said since the matter is a public interest case, the court would not make any order on costs.

The other judges presiding were Zabariah Mohd Yusof, Hasnah Mohammed Hashim, Mary Lim Thiam Suan, Harmindar Singh Dhaliwal, Rhodzariah Bujang and Mohamad Zabidin Mohd Diah.

The court proceedings were conducted virtually.

On February 19 last year, in a 6-1 majority decision, a Federal Court seven-member bench led by Court of Appeal President Rohana Yusuf, found Malaysiakini guilty of contempt of court for facilitating in the publication of five readers’ comments and fined the company RM500,000. 

Mkini Dotcom paid the fine. 

The Federal Court, on June 17, 2020, had allowed the attorney-general’s ex-parte application to obtain leave to commence committal proceedings against Mkini Dotcom Sdn Bhd, the company operating the Malaysiakini news portal and its editor-in-chief Steven Gan, over its readers’ comments on an article published by Malaysiakini on June 9, 2020, entitled “CJ orders all courts to be fully operational from July 1”, which was deemed offensive.

The Federal Court, however, found Gan not guilty of contempt of court.

In the review application filed only by Mkini Dotcom, the company sought to set aside the earlier Federal Court’s decision and sought a re-hearing of the contempt proceedings. – Bernama, March 29, 2022.