Malaysiakini today failed in its application to overturn the Federal Court’s ruling that found the news portal in contempt over readers' comments.
A seven-panel apex court bench chaired by Zaleha Yusof unanimously dismissed Malaysiakini’s application for a review of the Federal Court decision on Feb 19 last year.
The other members of the panel were Zabariah Mohd Yusof, Hasnah Mohammed Hashim, Mary Lim Thiam Suan, Harmindar Singh Dhaliwal, Rhodzariah Bujang, and Mohamad Zabidin Mohd Diah.
The panel, due to the matter being of public interest, made no order as to costs.
On Feb 19 last year, a majority 6-1 Federal Court decision, led by Court of Appeal president Rohana Yusof, found Malaysiakini guilty of contempt.
The apex bench, in its finding, meted out an RM500,000 fine, far higher than the RM200,000 sought by the Attorney-General’s Chambers.
During proceedings conducted online via Zoom, Zaleha noted that the gist of submissions - put forward by Malaysiakini’s lawyer Malik Imtiaz Sarwar for the review - was that the news portal was allegedly denied the right to natural justice.
Under the law, the right to natural justice basically refers to the fundamental right to a fair hearing.
Zaleha said today’s panel was not convinced by submissions put forth by the news portal’s lawyer regarding the alleged breach of natural justice.
“All arguments before us (by Malaysiakini’s legal team) has already been raised and considered before the (Federal Court) panel that heard the contempt application (last year).
“Assuming that for a moment that we agree with the applicant's counsel, we are constrained by the account of jurisdiction as this is a review and not an appeal.
“We are constrained to dismiss this (review application). As this is a public interest matter, we make no order as to costs,” Zaleha ruled.
The respondent in this matter, namely the AG, was represented by senior federal counsel Suzana Atan and K Saravanan. - Mkini
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