Guan Eng can apply to set aside AG’s contempt move

Guan Eng can apply to set aside AG’s contempt move

Normally the judiciary will direct the AG to begin contempt proceedings for remarks made outside court, but it is very capable of protecting its image, says lawyer.

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KUALA LUMPUR:
Penang Chief Minister Lim Guan Eng can file an application to set aside an order that grants the Attorney-General leave to begin contempt proceedings against the politician.

Lawyer S N Nair said this was an option available to Lim to stop a quasi-criminal charge against him.

“He should provide good grounds to set aside the leave given by the High Court and he could appeal further if he fails,” the civil lawyer told FMT.

Nair said he was surprised by AG Mohamed Apandi Ali’s move to begin proceedings as he (Apandi) personally was involved when Lim was charged with two counts of corruption.

The lawyer said usually the judiciary would direct the AG to begin contempt proceedings if an accused, or litigants, had made disparaging remarks about the administration of justice outside the court room.

“Otherwise, the judiciary is very able to protect its image,” he added.

The AG said that Lim had issued media statements with the knowledge it would interfere with the administration of justice, erode the public confidence in the judiciary and insult the dignity and integrity of the Malaysian courts.

Lim, who is DAP secretary-general, had claimed that the two corruption charges were a “conspiracy” against him as well as “trumped-up”.

He is said to have made the statement after the launching of “Simposium Dr Wu Lian Teh” by the Penang Institute in Jalan Brown, George Town, Penang in July.

High Court Judge Hanipah Farikullah yesterday allowed the application for leave to initiate the committal proceedings against Lim after only hearing submission by government lawyer Amarjeet Singh.

Meanwhile, lawyer Gobind Singh Deo, who is representing Lim, said his client took serious offence to insinuations made against him.

“We have firm instructions to resist the said application and to take all steps necessary to clear him of such charges,” he said in a brief statement.

Gobind, however, did not specify what he intends to do over the contempt matter.

In June, Lim and businesswoman Phang Li Koon, who allegedly abetted the politician, claimed trial at the High Court in George Town.

Lim was charged with using his public office to obtain gratification for himself and his wife Betty Chew.

He had allegedly approved, during a state exco meeting on July 18, 2014, an application by Magnificent Emblem to convert agricultural land for residential purposes.

If convicted, he faces jail of up to 20 years and a fine five times the alleged gratification, or RM10,000, whichever is higher.

On the second charge, he is said to have used his position to obtain gratification by purchasing a bungalow from Phang for RM2.8 million, allegedly below the market value of RM4.7 million.

This offence carries imprisonment of up to two years, a fine, and forfeiture of property.

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