Federal Court sentences VK Lingam to six months' jail

A five-member bench of the Federal Court found senior lawyer VK Lingam guilty of contempt today and sentenced him to six months' jail for accusing a member of the bench of being involved in plagiarism.

The decision was made by Federal Court judge Abu Samah Nordin, who led the bench and said this was a unanimous decision.

"A warrant of committal would be issued and the sentence will proceed forthwith," Justice Abu Samah said in delivering the judgment.

The other judges were Justice Ramly Ali, Justice Azahar Mohamed, Justice Balia Yusof Wahi and Justice Jeffrey Tan Kok Wha.

However, Lingam, 66, was not present at today's proceeding and was not represented. 

The senior lawyer, in an immediate response to Malaysiakini, said he has no comment for now but he would issue a statement later.

Earlier, another five-member bench led by Chief Justice Md Raus Sharif also dismissed Lingam's application for a review of the decision made by the apex court on Sept 26, 2017, in not accepting his medical report and ruling that it was forged.

The bench on Sept 24 wanted to go ahead with the contempt against Lingam.

Senior federal counsel Alice Loke (photo), who appeared for the Attorney-General's Chambers with Amarjeet Singh, asked the bench to impose a custodial sentence.

Loke said Lingam had drafted the affidavits of former majority shareholders in the Kian Joo Can Factory Sdn Bhd (KJCF) case and advised his clients to sign it, in alleging that the judgment made by the Federal Court judge in the case was plagiarised.

She said the others, including a lawyer representing the minority shareholders in the case, who had made similar allegations, had come forward and apologised, before being sentenced to a fine.

“They all admitted and all apologised, except him (Lingam, the 13th respondent),” she said.

On being asked by Justice Abu Samah on what role Lingam played, Loke replied that Lingam drafted the affidavit and the others were his clients.

“So, he was the author?” Justice Abu Samah asked, to which Loke agreed.

Taking this into consideration, Loke said the AG's Chambers, appearing in place of the liquidators, suggest a custodial sentence as the burden of proof was beyond reasonable doubt, as Lingam had, since leaving the country in 2013, had postponed the proceedings against him.

Lingam had claimed that he fractured his hip and suffered from severe back pain, which prevented him from long durations of travel.

Passing sentence

Justice Abu Samah, in his unanimous decision, noted that the contempt proceedings against the others had ended, after finding them guilty, while one of the shareholders had passed away.

“The only case pending before us is against the 13th respondent (Lingam). He has applied for postponements to the case since April 3, 2012, when a leave for contempt was given. He requested adjournment several times, including today, and this was declined by the earlier bench.

“He has not filed an affidavit. In the circumstances of the case, the court rules that the contempt proceeding can proceed and we find guilty of the contemnor. We are of the view that a term of six months jail be given,” Justice Abu Samah said.

Loke applied for costs of the proceeding but the bench declined to award costs.

It was previously reported that the other shareholders who signed the affidavit in support of the application for review following alleged plagiarism were each fined RM100,000 while the lawyer who acted for the minority shareholders was fined RM150,000 or in default one year's jail.

Loke told reporters after the proceeding that following today's decision, the police would have to act on the arrest warrant issued against Lingam.

Lingam is believed to be in the United States, He was previously implicated in the judicial fixing crisis. - Mkini