AG drags pro-Hamid Sultan lawyer to court for contempt

The Federal Court has granted leave to attorney-general Tommy Thomas' application to initiate contempt proceedings against lawyer Arun Kasi.

This is over statements Arun (photo, above) made online, in regard to the court's decision to expunge a dissenting judgment by Court of Appeal judge Hamid Sultan Abu Backer in the case of Leap Modulation Sdn Bhd vs PCP Construction Sdn Bhd.

Senior federal counsel Amarjeet Singh said in his application that Arun's remarks had scandalised judges and the court.

Amarjeet cited two articles written by Arun published on an NGO's website criticising the Federal Court for expunging Justice Hamid's judgment.

Among others, Arun had questioned why the court had expunged Justice Hamid's ruling in a hearing on the Asian International Arbitration Centre's (AIAC) application to intervene in the case.

Arun had also questioned why the court had expunged Justice Hamid's order for the Malaysian Anti-Corruption Commission (MACC) and police to investigate the AIAC.

Arun himself had lodged a complaint against the Federal Court’s decision with the MACC.

Amarjeet said the lawyer's remarks had implied that the judges who decided on the case were guilty of misconduct, corruption and had compromised integrity as to warrant an MACC investigation.

However, citing court transcripts and the sealed order to expunge Justice Hamid's (photo) judgment, Amarjeet argued that Arun's statements were untrue.

The senior federal counsel said AIAC also made a prayer for parts of Justice Hamid's judgment to be expunged in its application to intervene.

He then said the expunged parts of Justice Hamid's judgment, which were critical of the AIAC, had not been raised by either Leap Modulation or PCP Construction in their case.

Likewise, both parties did not object to AIAC's application.

The three-member bench led by Justice Ramly Ali unanimously granted leave for the contempt application.

The next date for the court’s sitting on the matter date has been fixed for March 13.

In an affidavit filed two weeks ago, Justice Hamid had cited the move to expunge his ruling as an example of judicial misconduct.

He claimed the AIAC, through “sympathetic persons”, started exerting pressure on him over the dissenting judgment.

He also claimed that certain top judges had given a lending hand to the AIAC.

The AIAC has denied his allegations.

The government has agreed to set up a Royal Commission of Inquiry to investigate Justice Hamid's allegations.  - Mkini