LIVE | Malaysiakini found guilty of contempt



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LIVE | The Federal Court will issue its decision this morning on a contempt of court offer against Malaysiakini on your readers’ comments.

Malaysiakini brings you live reports of the procedures.


The court takes a break before deciding the sentence.

10.22 am: The federal court is taking a short break to deliberate on the penalty to be imposed on Malaysiakini.


AGC seeks a fine of 200 kms, the lawyer asks for a maximum of 30 k RM

10.20 am: Lead federal attorney Suzana Atan seeks a fine of RM200,000 against Malaysiakini because the news portal did not respond to comments.

Nevertheless, MalaysiakiniLead lawyer Malik Imtiaz Sarwar advocates a minimum fine of RM20,000 and a maximum of RM30,000.

Malik contends that this sum would reflect the dissatisfaction of the court while showing compassion, given that this is the first case of its kind.


The Federal Court hears the presentation on the sentence

9.59 am: The Federal Court now hears presentations from legal teams to Malaysiakini and the Attorney General’s Office on the sentence of the news portal for contempt.


The public should not use online comments to attack the judiciary – Federal Court

9.57 am: The Federal Court says the current contempt case against Malaysiakini It acts as a reminder that the public does not use online comments to attack the judiciary.

Appeals Court President Rohana Yusuf, who is presiding over the court, says that while freedom of expression is protected, it must still comply with the law.

She says Malaysians should use discretion when posting comments online, as the comments would remain there.


Malaysiakini guilty of contempt – Federal Court

9.53 am: The Federal Court rules that the first defendant Malaysiakini guilty of contempt.

However, the president of the Court of Appeals, Rohana Yusuf, who is presiding over the court, says they do not find the editor-in-chief of the second defendant, Steven Gan, guilty of contempt.


Malaysiakini should have been aware of the comments – Federal Court

9.45 am: The apex panel, reading their judgment, says that Malaysiakini should have been aware of the comments posted.

Rohana says that Malaysiakini It has an impressive editorial team structure, among others.

As a result, he points out, such a structured system could not have not taken note of the comments.


The President of the Court of Appeal reads the ruling

9.20 am: Rohana begins to read the ruling of the majority in the request for contempt against Malaysiakini.


Procedures begin

9.16 am: The proceedings begin when the seven-member panel of the Federal Court is ready to render its decision.

The seven judges are the President of the Court of Appeal, Rohana Yusuf, Azahar Mohamed, Abang Iskandar Abang Hashim, Mohd Zawawi Salleh, Nallini Pathmanathan, Vernon Ong Lam Kiat and Abdul Rahman Sebli.


Malaysiakini CEO seen in court

9.12 am: While waiting for the proceedings to begin, Malaysiakini CEO Premesh Chandran is seen in court consulting with lead attorney Malik Intiaz Sarwar.

Meanwhile, Senior Federal Attorney S Narkunavathy is seated. Represents the Attorney General.

Lawyers for Malaysiakini They say there are three possible outcomes today. First, both Malaysiakini Gan will be found innocent of contempt. Secondly, Malaysiakini will be found guilty, but not Gan. Third, both Malaysiakini and Gan will be found guilty.


Means to follow the live broadcast of the proceedings

8.57 am: Representatives of the media are seen preparing for coverage in the Assembly Hall of the Palace of Justice.

The room is where journalists can follow the procedures that will be broadcast live.

MalaysiakiniThe lead lawyer, Malik Imtiaz Sarwar, is seen in Federal Court preparing for the proceedings, which have not yet started.


Steven Gan arrives at court

8.16 am: Malaysiakini Editor-in-chief Steven Gan arrives at the Courthouse in Putrajaya.


After several postponements due to the motion control order (MCO), the Federal Court will pronounce this morning its decision on a lawsuit for contempt of Malaysiakini.

While the media focuses on the proceedings at the Palace of Justice, a seven-member panel chaired by the President of the Court of Appeals, Rohana Yusuf, will decide whether the online news portal has been in contempt through comments from your readers.

Should Malaysiakini and its editor-in-chief Steven Gan is in contempt, the sentence could be handed down the same day.

There is no legal limit to penalties for contempt of court. Possible outcomes include Malaysiakini be slapped with a fine and / or Gan be imprisoned.

This is the first time Malaysiakini is being cited for contempt of court in its 21-year history.

The move has raised the concern of several sectors, including the Center for Independent Journalism (CIJ), which said that this carries the risk of more instances of media censorship.

On June 15 last year, the Attorney General (AG), Idrus Harun, filed the arrest request against the news portal.

Two days later, the Federal Court granted the Attorney General permission to proceed with the contempt offer.

On July 13 of last year, the superior court heard presentations from the legal teams of both parties on the merits of the court action. Then he went on to reserve his judgment.

Other members of today’s Court of Appeal panel are Malaya High Court Chief Judge Azahar Mohamed; The Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim; and Federal Court Judges Mohd Zawawi Salleh, Nallini Pathmanathan, Vernon Ong Lam Kiat and Abdul Rahman Sebli.


Editor’s Note: Based on legal advice, the comment feature for the previous article has been disabled. Comments can amount to sub judice and contempt.

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