Felda fails to cite PKR lawyer, settler for contempt of court

The Court of Appeal today dismissed an appeal brought by Federal Land Development Authority (Felda) and its subsidiary to cite two persons including a PKR lawyer for contempt of court. A three-man bench chaired by justice Datuk Alizatul Khair Osman Khairuddin ruled that lawyer R. Sivarasa and Felda settler Mohamad Razali Ithnain's speeches at a ceramah in 2014, had not created 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 Datuk P. Nalini and High Court judge Datuk Zabariah Yusof. Felda and its subsidiary Felda Palm Industries Sdn Bhd had alleged that Sivarasa and Razali committed contempt of court by talking about the lawsuit pending against them, in their speeches at a ceramah in Jengka 18, Pahang on August 27, 2014. The appellants claimed that the two respondents had violated sub judice rule as the case had yet to be concluded in court. Meanwhile, 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 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 January 30, last year. They were represented by a team of lawyers led by Datuk Firoz Hussein Ahmad Jamaluddin while the respondents, by Datuk Bastian Vendargon and Shahid Adli Kamaruddin. – Bernama, February 19, 2016.]]>