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2001 MarsdenLR 1628

ABDUL MALEK AHMAD, HAIDAR MOHD NOOR, STEVE SHIM, SARAWAK
ZAINUR ZAKARIA – Appellant
Versus
PP – Respondent


Advocates:
For the appellant - Raja Aziz Addruse (Sulaiman Abdullah, Ambiga Sreenevasan, Christopher Leong, Ramid Khan & Gopal Sreenevasan); M/s Sivananthan Advoc
For the respondent - Mohd Yusoff Hj Zainal Abidin DPP (K Muniandy & Noorbahari Baharuddin DPPs)

JUDGMENT

Steve Shim CJ (Sabah & Sarawak):

This appeal turns on a most significant legal aspect in the administration of justice, namely contempt of court. Contempt of court is an ancient concept developed over the centuries in England as a means whereby the courts may act to prevent or punish conduct which tends to obstruct, prejudice or abuse the administration of justice either in relation to a particular case or generally. For a better perspective of this concept, I can do no better than refer to the illuminating speeches made by a strong panel of Law Lords in Attorney-General v. Times Newspaper Ltd[1973] 3 All ER 54 (universally known as "the thalidomide case"). Therein, Lord Morris has said as follows:

... the phrase contempt of court is one which is compendious to include not only disobedience to orders of a court but also certain types of behaviour or varieties of publications in reference to proceedings before courts of law which overstep the bounds which liberty permits. In an ordered community courts are established for the pacific settlement of disputes and for the maintenance of law and order. In the general interests of the community it is imperative that the authority

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