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Contempt of Court PDF Print E-mail
Saturday, 09 June 2001 12:00am

It was reported in the newspapers today, Saturday, 9 June 2001, that the High Court Judge Datuk Muhammad Kamil bin Awang had stated in his judgment, when declaring the State election held in March 1999 for the Likas, Sabah, Constituency null and void, that he had received a directive over the phone to strike out the two election petitions without a hearing.

The Malaysian Bar views this statement by the learned Judge with grave consternation and anxiety as the 'directive' is an affront to the judicial integrity and independence of the learned Judge and to the rule of law.

As the learned Judge received the 'directive', it is implicit that it was made by a person 'more senior' than the learned Judge.

The Malaysian Bar calls on the Inspector General of Police to immediately commence police investigations into the matter as the 'directive' was an act done to pervert the course of justice and to obstruct the learned Judge in the discharge of this functions and duties, an offence punishable under Section 186 of the Penal Code.

The result of the police investigations should forthwith be referred to the Attorney General for consideration and if an offence has indeed been committed, the person who made the 'directive' should be charged in Court.

The Malaysian Bar also calls on the learned Judge to initiate contempt proceedings against the said person for committing an act of contempt in the face of the Court.

Dated this 9th day of June 2001.

Mah Weng Kwai
Chairman
Bar Council

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