Contempt of Court

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4/3/2013Contempt in the face of the court Takes place during the trial and before the judge All the circumstances are in the personalknowledge of the court May arise from any act, any slander anycontemptuous utterance and any act ofdisobedience to a court order Court has the power to punish summarily- Art126 FC.Deception to Court Deceiving the court may amount to contempt. R V Weisz The solicitors cited fictitious case was found forcontempt. Dr Leela Ratos v Anthony Ratos Mislead the court into granting an adjournment. Cheah Cheng Hock v PP The Court had power to punish for contempt forforging or altering court documents or committingother deceits. Penalty imposed was too harsh and be varied toRM1,000.00 or 3 months jailed in default of payment.Offensive conduct in Court Offensive personal conduct in the court. Such words or actions that would interfere or tend tointerfere with the course of justice. Solicitor must restrain the use of his language and temperhis use of words. Otherwise it may be regarded as a deliberate challenge tothe authority of the judge and an interference with theadministration of justice. If he has a complaint the solicitor must use the legitimatemeans.eg through bar committee.Cont…. Re Kumaraendran Abdool Cader J: the solicitor shouted at the presidentof the sessions court was held guilty of criminalcontempt. Provocative language which amounts to a deliberatechallenge to the judge constitutes a gross contempt ofthe court. Karam Singh V PP Heated argument btn the counsel and the magistrate learned magistrates summarily committed the counselto imprisonment. R.Azlan Shah set aside the conviction. Tarnishing of the image of justice will amount tocontempt if there are proper channels for redress.Absence from Court The solicitor must attend the court at the date ofhearing. Breach of duty to clients. Izoura v R There must be intention to interfere with the administrationof justice. Lai Cheng Chong v PP The counsel’s s failure to attend the hearing had prima facieinterfered with the administration of justice but since thecounsel had apologized to the Court there was no contempt.Cont….. Re John Tan Khee Eng the solicitor was held to be in contempt of court afterseveral failure to attend in court. Weston v Central Criminal Court Court’s Administrator If the solicitor is able to give good reason such shortnotice to attend the court, there will be no contempt.4
4/3/2013Acting Without Authority The lawyer who acting without jurisdiction. Eg. A&S who does not have certificate ofpractice cannot represent his client in court. Any person who are not qualified to be admittedas A&S cannot represent case in Civil court.Offensive Conduct Outside Court It is not contempt in the face of the court. Contempt in scandalizing court or judge. Publication of comments on any case if amount to Subjudice and undermining judicial determination of thetruth may tantamount to criminal contempt. A criminal case remains sub judice until expirationof the time allowed for appeal.Scandalizing the court Making remarks outside the court Ag/court/private person may institute contemptproceedings Hock Hua Bank (sabah) Bhd v Yong Liuk Thin &Ors It is the most serious matter to allege bias againstjudge particularly unfounded and unwarrantedallegation of bias.Sub Judice Making public comments before/during trial Chandra Sri Ram v Murray Hiebert The appellant is committed to 6 weeks imprisonmentfor writing an article which constitutes COC. AG v Times Newspaper ltd Sunday times published an article criticizing the law onliability and the method of assessing the damages. The HOL held that it was contempt of court to publishsuch an article which may give rise to the real risk thatthe fair trial of an action would be prejudiced.Cont… Interference in the form of public criticism PPv Seeralan S/O Suppiah Publicity-statingthat magistrate is not independent andbiased, unfair and prejudiced. AG V Arthur Lee Meng Kwang- Contempt in scandalizing court or judge. Criticized the decision made by the Supreme Court andalleged that the decision was biased and unjust. Although judges and courts are open to criticism but itmust be within the limits of reasonable courtesy andgood faith.Cont… Trustee of Leong V SM Idris & Anor Issuing press statement criticizing the judgment . AG V Manjeet Singh Dillon Criticism in affidavit that the CJ is unfit to be the Lord President. Any critism must be given within the ambit reasonable courtesyand in good faith. Subjudice- Cheak Yoke Thong v PP Salleh Abas: Lawyers should refrain themselves from briefing thepress on matters pending before the court. The lawyers are bound by Rules 45, 46, 47.5
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Contempt of Court

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