The Malaysian Bar says judicial decisions must survive public scrutiny in order to stand the test of time. arun malaysianbar
PETALING JAYA: The Malaysian Bar has voiced concern over the verdict and sentence of lawyer Arunachalam Kasi, better known as Arun Kasi, saying custodial punishments should not be imposed for contempt of court except in very serious cases.
“The prosecution of contempt against Arun Kasi and the sentence meted out create a negative perception of a stifling effect on public discourse, which is exacerbated by the lack of clear parameters governing the offence,” he said in a statement. The articles were published on the Aliran website, under the headlines “How a dissenting judgment sparked a major judicial crisis” on Feb 16 and “Tommy Thomas must look into arbitration centre that sparked judicial crisis” on Feb 22.
He also noted that the offence of “scandalising the court” has been abolished in England and Wales, adding that the court’s power to punish for contempt should be used sparingly and only as “a last resort”.
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