A-G’s application dismissed

Lim succeeds in setting aside Apandi’s contempt of court bid

KUALA LUMPUR: The High Court here has allowed Penang Chief Minister Lim Guan Eng’s application to set aside a bid by the AttorneyGeneral to cite him for contempt of court.

High Court (Appellate and Special Powers) judge Justice Kamaludin Md Said granted Lim’s application on the grounds that AttorneyGeneral Tan Sri Mohamed Apandi Ali did not give proper disclosure on a transcript of a press conference by Lim in a matter where he was the defendant.

Justice Kamaludin said he agreed with Lim that the applicant (the AttorneyGeneral) had a duty to fully disclose all material evidence, especially any that would be favourable to the defendant.

Failing this, any exparte order allowed could be set aside.

“The applicant must set out the facts fairly, including those likely to be raised by the (defendant) in objecting to the application,” Justice Kamaludin said.

“It certainly does not mean the applicant is entitled to merely state the facts favouring his application.

“In my opinion, the right procedure was to produce the whole transcript ... and give particulars on which part of the statement is alleged to be contemptuous.”

He said owing to the undisclosed facts, the judge (Justice Hanipah Farikullah) hearing the leave application had no opportunity to analyse the facts properly and the defendant had every right to raise the issue of nondisclosure, adding that contempt must be proved beyond reasonable doubt.

“This court allows the defendant’s application to set aside the exparte leave order of Sept 21, 2016, with no order costs,” he said.

On Sept 21 last year, the court granted leave to the AttorneyGeneral to initiate committal proceedings against Lim.

The AttorneyGeneral was seeking to have Lim jailed for contempt for allegedly issuing statements detrimental to the administration of justice, and for questioning the courts’ dignity and integrity.

Lim’s alleged comments stemmed from corruption charges relating to the purchase of a bungalow below market price.

In my opinion, the right procedure was to produce the whole transcript ... and give particulars on which part of the statement is alleged to be contemptuous. Justice Kamaludin Md Said