Why is the Attorney General pursuing committal proceedings in this matter?

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Attorney General Pursues Committal Proceedings Due to Alleged Contempt of Court

The Attorney General (AG) Tan Sri Idrus Harun is pursuing committal proceedings against Mkini Dotcom Sdn Bhd and the editor-in-chief of Malaysiakini because the online portal allegedly allowed comments to be published that constituted contempt of court. These comments, posted on an article dated June 9, are argued to be an indirect attack on the Chief Justice, judges, and the judiciary, potentially undermining public confidence and exposing the institution to scandal. The Federal Court has granted the AG leave to commence these proceedings, acknowledging that a prima facie case has been established.
Allegations of Offensive Statements Against the Judiciary

The core of the AG's application stems from comments made on an article published on June 9, titled “CJ orders all courts to be fully operational from July 1.” Senior federal counsel Alice Loke Yee Ching, representing the AG, argued that these comments contained offending statements that constituted an indirect attack on the Chief Justice, judges, and the judiciary as a whole. The prosecution contends that such statements risk eroding public confidence in the judicial system and exposing it to public scandal and contempt.
Public Interest as a Basis for the Application

The Attorney General has applied to be the applicant in this matter, asserting his role as the guardian of public interest. The AG's office maintains that the case is of significant public interest due to the nature of the offensive and insulting statements made against the judiciary. This position underscores the view that protecting the integrity and reputation of the judicial institutions is a matter that concerns the public at large.
Establishment of a Prima Facie Case

During the proceedings, senior federal counsel Alice Loke Yee Ching submitted that a prima facie case of contempt has been made out. She further argued that, by virtue of Section 114A of the Evidence Act 1950, the respondents are presumed to have published the offending statements unless proven otherwise. This legal presumption places the burden on the respondents to demonstrate they did not publish the content in question.
Court's Decision to Grant Leave

A three-member bench of the Federal Court, chaired by Court of Appeal President Datuk Rohana Yusuf, agreed that a prima facie case for contempt had been established. Consequently, the court granted the Attorney General's ex-parte application for leave to commence committal proceedings. The hearing for the committal proceedings has been fixed for July 2, with case management scheduled for June 25.

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Why is the Attorney General pursuing committal proceedings in this matter?

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