Peguam Negara Malaysia
v. MKINI Dotcom Sdn Bhd & Anor
472
[2021] 2 MLRA
public controversy. Still less into political. We must rely on our conduct itself
to be its own vindication.”
[146] After weighing the submissions and hearing the oral submissions made
before this court, we find the charge for facilitating the publication of the
impugned comments against the 1st respondent had been proved, hence we
find the 1st respondent guilty of contempt of court. The 2nd respondent in
our view, cannot be held guilty for facilitating the publication of the impugned
comments. The application by the AG against the 2nd respondent is dismissed.
We then invite parties to submit on sentence.
Sentence
[147] Learned counsel for the respondents urged upon us to consider the
apology extended on behalf of the 1st respondent by its Director. The apology
was extended in his affidavit in encl 57 at para 21. The respondents’ counsel
explained that despite apologising, the respondents wanted to continue with the
hearing in order for this court to set out the law in this area. Again in the open
court after this court made a finding of guilt against the 1st respondent, Mr
Anand tendered his apology in the open court on behalf of the 1st respondent.
It was further urged upon us to also give due regards to the cooperation
extended by the respondents both to the police and to the court. Learned
counsel suggested a fine of RM30,000.00 would therefore suffice. Learned
Senior Federal Counsel then submitted that a fine of RM200,000.00 would be
appropriate.
[148] Sentencing is always a prerogative of court to be exercised upon settled
principles. In meting out an appropriate sentence the court is bound to consider
the general principles involved which may be categorised as the extent and
seriousness of the offence committed, the guilty person’s antecedent conduct
and the public interest factor.
[149] In sentencing for contempt cases, it falls back to the facts and context
of each case. The Singapore case of Shadrake Alan v. Attorney General [2011]
SGCA 26 merits attention. There, the Court of Appeal of Singapore outlined
factors to be considered in the context of contempt proceedings, which include
the culpability of the contemnor, the nature and gravity of the contempt, the
seriousness of the occasion on which the contempt was committed, the type and
extent of dissemination of the contemptuous statements and the importance
of dettering would-be contemnors from following suit. The Court of Appeal
also put emphasis that those categories of guidelines or factors would not be
closed but depend on the facts and context concerned.
[150] We then re-examine the impugned comments once again. The comments
as we see it are simply scurrilous and irreprehensible. The unwarranted attack
are incendiary which expose the Judiciary to embarrassment, public scandal,
contempt and to the point of belittling the Judiciary. Not only that, it had
tarnished the Judiciary as being guilty of corrupt activity and had compromised