Deputy public prosecutor (DPP) Mustaffa P Kunyalam told the High Court that the contents of Isham’s interview – published on social media on Sept 30, 2023 – risked undermining public confidence in the administration of justice.
“We want this court to impose a fine or jail (sentence) or both, as the contemnor (Isham) has failed to purge the contempt,” he said in submissions before Justice K Muniandy.
Last year, the attorney-general rejected representations lodged on Isham’s behalf seeking that he be allowed to offer an unreserved apology in exchange for the proceedings coming to an end.
Mustaffa, who was assisted by DPP T Deepa Nair, said Isham had launched scurrilous attacks on trial judges Nazlan Ghazali, Collin Lawrence Sequerah and a Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat.
“The actions mentioned above constitute interference in the administration of justice,” he added.
Filed on Dec 28, 2023, the application concerned statements Isham allegedly made during an interview titled “Townhall for justice: Keadilan sebenarnya untuk siapa? (Who is justice for?)”.
The interview was published on Facebook on Sept 30, 2023 via an account known as Malaya Post.
In an affidavit filed in support of the leave application, Mustaffa claimed Isham had during the interview commented on Najib’s 1MDB and SRC International trials, and the Federal Court’s conduct of the final appeal in the latter case.
Isham is also alleged to have accused Sequerah and Nazlan, who presided over the 1MDB and SRC International trials, respectively, of bias. He allegedly said the judges ought to have withdrawn from hearing the cases.
Both judges now sit in the Court of Appeal.
According to Mustaffa, Isham also claimed that the five apex court judges, led by Tengku Maimun, who heard Najib’s final appeal in the SRC International case, had judged the case unfairly.
Lawyer Azhar Azizan Harun, appearing for Isham, said the prosecution had failed to prove their case beyond a reasonable doubt as there was a material contradiction between the attorney-general’s affidavit and statements made by a Malaysian Anti-Corruption Commission (MACC) officer and a court deputy registrar.
He said the dignity of judges no longer needs protection, unlike in medieval England when judges were representatives of the king.
“In the present democratic system, the people are the king,” he said, adding that the offence of scandalising the court is to protect against interference in the administration of justice.
He said in the modern UK, no contempt proceedings were initiated even when the media had criticised judges.
Azhar, who was assisted by Jamie Wong, said Isham’s action did not create chaos in society.
“The people did not demonstrate to express they were unhappy with the SRC verdict, nor did anyone throw shoes at judges,” he said, adding that the judges had to be resilient in accepting criticism from public-spirited individuals.
“We now live in a social media age where everyone wants to be a star of their own show. Gone are the days when one had to be invited by RTM for an interview,” he added.
Azhar said what Isham had uttered outside the courtroom was a repeat of what lawyers for Najib had said in court, albeit in temperate language.
He said Malaysia should adopt the UK’s approach of finding that “scandalising of the court should no longer be a species of contempt”.
“Freedom of speech as guaranteed under the Federal Constitution should be given priority,” he added.
Muniandy will deliver his ruling on July 1.