Attorney-General fails to cite Lim Guan Eng for contempt of court…

31 May 2018

May 31

Attorney-General Tan Sri Mohamed Apandi Ali today withdrew his appeal over the committal proceedings against former Penang Chief Minister Lim Guan Eng for allegedly issuing statements in relation to his ongoing corruption case.

6 December 2017

AG’s bid to cite Guan Eng for contempt of court set aside

Published:     Modified:

The judge, however, noted that it is different from the unedited transcript provided by the defendant (Lim).
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“In my opinion, the right procedure is to produce the whole transcripts of the CD which contains the statements allegedly spoken during the press conference and give particulars on which part of the statements allegedly contemptuous in nature.

“The plaintiff cannot pick and choose statements which favour him because there are other statements in the impugned press conference, if produced, can take away the sting of the alleged contemptuous statement and if read as a whole, it may not be contemptuous as what the plaintiff had perceived,” Justice Kamaludin said.

Without the facts being disclosed, the judge added that the earlier court which heard the leave application had no opportunity to analyse the facts properly.

Lim’s lawyer Tommy Thomas argued that this is not a plain and obvious case, as the whole transcript of the press conference should have been produced during the leave stage.
Read more at https://www.malaysiakini.com/news/404523#CYGe8e0TexWhRMDG.99

The High Court in Kuala Lumpur today set aside the attorney-general’s application to cite Penang Chief Minister Lim Guan Eng for contempt of court.

In allowing Lim’s application, Justice Kamaludin Md Said, however, said the court disagreed with the contention of Lim’s lawyers that the application for contempt should be filed in the court in Penang.

The judge allowed the application on the grounds that there was no proper disclosure by the attorney-general on the transcript of the purported press conference by Lim.

This was based on the two-page transcript of the press conference held last year that was presented by the attorney-general and which was obtained from an edited version of a video clip from The Star Online, as opposed to an 11-page transcript from the defence.

“I agree with the defendant that the AG had failed to make full disclosure to gain leave to initiate the contempt proceeding (before another judge).

“Hence, the court allows the defendant’s application to set aside the contempt application,” Justice Kamaludin…..said after hearing submissions from both sides.
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In his decision, Justice Kamaludin stated that the attorney-general made the assertion of contempt after watching a video recording of Lim’s press conference contained in a compact disc (CD) and reading an article by The Star journalist Logeswary Thevadas, on July 23, 2016.
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“In my opinion, the right procedure is to produce the whole transcripts of the CD which contains the statements allegedly spoken during the press conference and give particulars on which part of the statements allegedly contemptuous in nature.

“The plaintiff cannot pick and choose statements which favour him because there are other statements in the impugned press conference, if produced, can take away the sting of the alleged contemptuous statement and if read as a whole, it may not be contemptuous as what the plaintiff had perceived,” Justice Kamaludin said.

Without the facts being disclosed, the judge added that the earlier court which heard the leave application had no opportunity to analyse the facts properly.

Lim’s lawyer Tommy Thomas argued that this is not a plain and obvious case, as the whole transcript of the press conference should have been produced during the leave stage.
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Read more at https://www.malaysiakini.com/news/404523#CYGe8e0TexWhRMDG.99
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22 September 2016

AG gets leave for contempt proceedings against

KUALA LUMPUR, Sept 21 ― The High Court today granted leave to the Attorney-General (AG) to initiate commital proceedings against Penang Chief Minister Lim Guan Eng over his statements relation to his corruption case.

Judge Datuk Hanipah Farikullah made the decision in her chambers today after hearing submissions by Senior Federal Counsel (SFC) Datuk Amarjeet Singh, who represented AG Tan Sri Mohamed Apandi Ali.

Also present were SFC Suzana Atan, Shamsul Bolhassan and Alice Yoke.

Speaking to reporters later, Amarjeet Singh said the court granted leave to the AG to commit Lim for making allegations that he (AG) had scandalised the courts and interfered with the administration of justice.

“It is concerning certain statements that Lim made in a press statement after he was charged that appeared in social media,” he said, adding that he will file the court papers relation to the commital proceeding against Lim within two weeks.

The AG as the plaintiff had filed an ex-parte originating summons regarding the matter on August 18 and had named Lim as the defendant.

In it, the AG had sought leave for the commital proceeding to have Lim jailed for contempt-of-court for allegedly issuing statements in the print and/or social media which were detrimental to the administration of justice, lead to erosion of the people’s confidence in the judicial system and questioned the dignity and integrity of the courts.

The AG is also seeking costs and other relief deemed fit by the court.

According to the AG, statements made by Lim at press conference after the launching of the  “Dr Wu Lian Teh Symposium” by the Penang Institute in Jalan Brown, George Town, Penang that the corruption charges against the Bagan MP were a conspiracy and that he (Lim) would be jailed, could be clearly interpreted as the courts were also being roped in on “trumped up corruption charges”.

On June 30, Lim pleaded not guilty at the Penang High Court to corruption charges relating to the changing of status of a parcel of land from agricultural zone to housing development zone and purchase of a bungalow at below market price.

Lim’s case has been set for case management on September 30. ― Bernama

– See more at: http://www.themalaymailonline.com/malaysia/article/ag-gets-leave-for-contempt-proceedings-against-guan-eng?utm_content=buffer8289e&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer#sthash.Y2tAlc1V.ZjDFf97K.dpuf

Lim, who is DAP secretary-general, had allegedly said the “trumped-up corruption charges” against him were part of a conspiracy involving the courts to imprison him.

Court papers stated that Lim’s statements had affected the administration of justice, reduced public confidence in the judicial system, and jeopardised its (judicial system) dignity and integrity.

The documents stated that the A-G, in his capacity as the upholder of public interest and in the pursuit of justice, must safeguard the integrity of the judiciary.

https://sg.news.yahoo.com/guan-eng-offended-contempt-court-053645763.html?soc_src=social-sh&soc_trk=tw

 

 

KUALA LUMPUR, Sept 22 ― Penang Chief Minister Lim Guan Eng takes “serious offence” to insinuations that he had scandalised the courts or interfered with the administration of justice, his lawyer said today.

Gobind Singh Deo, who is representing Lim, also said that he has firm instructions from his client to resist the Attorney-General’s application to cite Lim for contempt of court in relation to the CM’s corruption case, after the High Court here granted the AG leave yesterday.

“The allegations against Lim Guan Eng are most serious in nature and have serious implications against him.

“We therefore reserve our client’s rights in the matter or matters connected with it in any event,” said Gobind in a statement.

– See more at: http://www.themalaymailonline.com/malaysia/article/lawyer-guan-eng-seriously-offended-by-claims-he-insulted-the-courts?utm_content=buffer05000&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer#sthash.O6BmFDiS.v6vnRajM.dpuf

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1 Response to Attorney-General fails to cite Lim Guan Eng for contempt of court…

  1. Pingback: Lim Guan Eng: On Trial | weehingthong

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