A three-man bench, chaired by Justice Alizatul Khair Osman Khairuddin, ruled that the speeches by lawyer R Sivarasa and Felda settler Mohamad Razali Ithnain at a ceramah (public forum) in 2014, had not created such a serious risk as to interfere in the course of justice.

“It did not appear to the court that the respondents’ speeches had affected the administration of justice,” said Alizatul Khair, who sat with Court of Appeal judge P Nalini and High Court judge Zabariah Yusof.

Felda and its subsidiary, Felda Palm Industries Sdn Bhd, had alleged that Sivarasa and Mohamad Razali committed contempt of court by talking about the lawsuit pending against them in their speeches at a ceramah at “Markas PAS” in Jengka 18, Pahang, on Aug 27, 2014.

The appellants claimed that the two respondents had violated the sub judice rule as the case had yet to be concluded in court.

In dismissing the appeal, the panel issued an order restraining the respondents or their agents from further discussing the case in any public forum.

Alizatul Khair said the court noted from the contents of the respondents’ speech texts, that “they would continue making speeches at their campaigns”.

“Any such conduct on the part of the respondents in the form of a sustained campaign, however, may well amount to contempt as this may be viewed as an attempt to influence the outcome of the case,” she said.

The appellants are facing a lawsuit, brought by 770 Felda settlers from Felda Chini and Felda Chini Timur in Pahang, in connection with the alleged sale of oil palm planted by the settlers.

They resorted to the Court of Appeal after their earlier bid to cite the duo for contempt was dismissed by the Kuantan High Court on Jan 30 last year.

They were represented by a team of lawyers led by Firoz Hussein Ahmad Jamaluddin while the respondents were represented by Bastian Vendargon and Shahid Adli Kamaruddin.

– BERNAMA