KUALA LUMPUR: Many in the legal fraternity are contending that Umno Supreme Council member Datuk Lokman Noor Adam (pix) has committed contempt of court over what they claim to be his alleged questioning of a court decision.
Insisting that action be taken against Lokman, they felt that he has gone beyond fair criticism to allege that Prime Minister Tun Dr Mahathir Mohamad had influenced the judiciary in the High Court ruling that former prime minister Datuk Seri Najib Abdul Razak has to enter his defence in the SRC International Sdn Bhd case.
High Court Judge Mohd Nazlan Mohd Ghazali delivered the judgment on Monday, requiring Najib to enter his defence on all the seven charges against him on criminal breach of trust, money-laundering and abuse of power involving RM42 million of SRC funds.
Criminal lawyer Datuk N. Sivananthan said Lokman’s allegation is “clearly contempt in the face of the court” because it suggests that the judge gave his decision under the influence of a third party.
“This does not only tarnish the image of the judge but also the judiciary’s. It brings the court into disrepute and this type of statement also erodes public confidence in the sanctity of the legal system,” he told Bernama when asked for his opinion on the matter.
“The court should actually issue a notice to Lokman to appear in court and explain why committal proceedings should not be commenced against him ... because his action is contemptuous in the face of the court. The court should take action against him,“ he said.
Sharing the same sentiment, Malaysian Bar president Datuk Abdul Fareed Abdul Gafoor said it is a serious allegation and Lokman has cast aspersions on the judiciary that goes beyond fair criticism of the decision and is devoid of merit.
“It was calculated to undermine public confidence in the judiciary and offend the dignity, integrity and impartiality of the courts which have always been reputed to be impartial in their decisions, made purely based on fact and evidence.
“The Bar views the sweeping statement as contemptuous. Such venomous and reckless attack on the courts should not have been made and must be avoided at all times,” he said.
Lawyer Datuk Dr Gurdial Singh Nijar is of the opinion that the statement could well amount to scandalising the court and, hence, amounts to contempt which is punishable with imprisonment.
“The Attorney-General is empowered to bring contempt proceedings against the alleged on the basis that the statement is calculated to erode public confidence in the administration of justice and the judiciary,” he said, citing a recent case where a lawyer was jailed 30 days for contempt of court.
“The court could impose a custodial sentence, especially in view of the gravity of the comment if there is no unreserved apology,” said the lawyer, a former Universiti Malaya law professor.
Gurdial Singh stressed that the court should take a serious view of the matter as it tarnishes the good name of the judiciary as a whole, undermines public confidence in the judiciary and ridicules, scandalises and offends the dignity, integrity and impartiality of the court.
Yesterday, PKR president Datuk Seri Anwar Ibrahim dismissed Lokman’s allegation that Dr Mahathir had meddled in Najib’s court case, saying the allegation was unfounded as the country’s legal process was conducted in a transparent and an independent manner and should be respected.
It has been reported that Lokman is having committal proceedings initiated against him for allegedly threatening a witness in Najib’s 1Malaysia Development Berhad (1MDB) trial. - Bernama
