High Court rules Isham Jalil's judiciary remarks on Najib's SRC, 1MDB trials not contemptuous
Judge K. Muniandy dismissed committal proceedings brought by the Attorney General's Chambers (AGC), finding that Isham's statements did not pose a real risk to public confidence in the judiciary, according to a report in the New Straits Times today.
He said the comments did not directly concern the specific courts that heard and ruled on the 1MDB and SRC International Bhd cases, which had already been concluded.
'What could be regarded as scandalous or interfering with the course of justice earlier may not be so today,' said Muniandy.
He added that vague allegations claiming Isham had scandalised the judiciary lacked context and failed to demonstrate actual harm to the administration of justice.
The judge stressed that the law of contempt aims to protect the public's interest in a functioning justice system, not to shield judges from criticism.
'With the advent of social media, criticisms against a judge and his decision is commonplace,' he said, adding that judges must remain impartial and resilient in the face of external pressure.
Muniandy also affirmed that judgments in Najib's corruption trials were grounded in facts and law, not influenced by emotion or public sentiment.
He acknowledged that while freedom of speech is vital to democracy, it must be exercised with respect for the judiciary's role and responsibility.
'Contempt powers should only be used where there is a real risk of undermining the administration of justice, not merely to silence uncomfortable or critical opinions,' he said.
The AGC filed the contempt application on December 28, 2023, following Isham's remarks during an interview titled 'Townhall For Justice: Keadilan Sebenarnya Untuk Siapa?', which aired on The Malaya Post's Facebook page on September 30, 2023.
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