Peguam Negara Malaysia
v. MKINI Dotcom Sdn Bhd & Anor
444
[2021] 2 MLRA
after prosecution applies to drop all charges” on 9 June 2020. In gist, it pertains
to the acquittal of the former Sabah Chief Minister Musa Aman of 46 charges
of corruption and money laundering. Coincidently on the very same day, the
Office of the Chief Registrar issued a press release by the Chief Justice for all
Courts to be fully operational from 1 July 2020, in line with the announcement
that the country was moving into the recovery phase of the Movement Control
Order. Malaysiakini republished from Bernama that press release as an article
entitled “CJ orders all courts to be fully operational from July 1”.
[3] Following that press release, the following comments (‘impugned
comments’) by third party online subscribers appeared on Malaysiakini’s
website on 9 June 2020:
(i) Ayah Punya kata:
The High Courts are already acquitting criminals without any trial. The
country has gone to the dogs;
(ii) GrayDeer0609:
Kangaroo courts fully operational? Musa Aman 43 charges fully acquitted.
Where is law and order in this country? Law of the Jungle? Better to
defund the judiciary!
(iii) Legit:
This judge is a shameless joker. The judges are out of control and the
judicial system is completely broken. The crooks are being let out one by
one in an expeditious manner and will running wild looting the country
back again. This Chief Judge is talking about opening of the courts. Covid
19 slumber kah!
(iv) Semua Boleh - Bodoh pun Boleh:
Hey Chief Justice Tengku Maimun Tuan Mat - Berapa JUTA sudah sapu
- 46 kes corruption - satu kali Hapus!!! Tak Malu dan Tak Takut Allah Ke?
Neraka Macam Mana? Tak Takut Jugak? Lagi - Bayar balik sedikit wang
sapu - lepas jugak. APA JUSTICE ini??? Penipu Rakyat ke??? Sama sama
sapu wang Rakyat ke???; and
(v) Victim:
The Judiciary in Bolihland is a laughing stock.
[4] A week after the impugned comments were published, on 15 June 2020,
the AG by way of an ex parte notice of motion in encl 2 applied for leave to
commence committal proceedings against both respondents for publishing the
impugned comments.
[5] The ex parte application was heard on 17 June 2020. Notwithstanding it
was an ex parte hearing, learned counsel for the respondents attended the court
proceeding at ex parte hearing for two main reasons. First, to preserve the right