Even without Sedition Act, one can be charged for disrespecting judges, say lawyers

Several lawyers said that one can still be prosecuted for contempt of court even without the use of the Sedition Act. – The Malaysian Insider filepic, April 9, 2015.There are sufficient laws to prosecute anyone who brings the administration of justice into disrepute, lawyers said, cautioning that the removal of the offence under the Sedition Act could be a red herring.

A group of lawyers said the only consolation was that a person charged with attacking the courts and judges now would be on level playing field in putting up a defence.

Under the sedition law, intention of the accused person was irrelevant, thus prosecution could easily secure a conviction, the lawyers added.

Civil liberty lawyer Syahredzan Johan said the removal of the amendment only appeared to allow individuals to criticise judges and their judgments.

"But I think the removal of the offence under the sedition law is intended to divert attention," he said, adding that the government may sooner or later introduce the Contempt of Court Act to punish those who attacked judges.

He said those in authority had been talking about this legislation and the government would not want to see judges come under attack.

"So, I am a bit cautious about the removal of the offence under the Sedition Act."

He said this in response to the proposed amendment under the Sedition Act, which made it no longer an offence to incite hatred, contempt or disaffection against the government, or the administration of justice in the country.

Constitutional lawyer Edmund Bon said with or without the law, the legal position had been that judgment of the courts could be criticised provided it was done in a reasonably articulate manner.

"So, whether the Sedition Act criminalises it or otherwise should not make a difference."

He said that it was only when the government, for political expediency, tried to stifle dissenting voices that the question of criticising judges and judgemnts have become an issue.

"Even judges recognise that they are not infallible," Bon, said adding that the amendment was unnecessary because the legislation should be repealed like in other civilised countries.

Bon said that even if the amendments to the act were approved, the home minister could suspend the coming into effect of the law pending a high-level review.

Lawyer M. Visvanathan said the Federal Constitution gave superior courts the inherent power to punish anyone who showed disrespect to judges during proceedings and when the court was not in session.

"Even the public prosecutor could also initiate contempt proceedings or rely on provisions in the Penal Code against potential offenders."

The Federal Court in March 2012 sentenced imam Hoslan Hussin to a year in jail for contempt of court for throwing his shoes at three senior judges during proceedings.

Padang Serai MP N. Surendran last year was charged with sedition for saying that the sodomy conviction in the Court of Appeal against Datuk Seri Anwar Ibrahim was "an attempt to jail the opposition leader of Malaysia".

Last week, cartoonist Zulkiflee Anwar Ulhaque, or better known as Zunar, was slapped with nine sedition charges over his tweets on Anwar's sodomy conviction by the Federal Court on February 10.

Prominent lawyer Datuk V.K. Lingam, once implicated for allegedly fixing judicial appointments 12 years ago, and 24 others are facing contempt of court proceedings for claiming that a Federal Court panel had plagiarised a civil judgment three years ago.

The Attorney-General is now bringing the action after two liquidatorsbwithdrew commencing contempt action against the 25.

- TMI