Chapter 12.2 - Contempt of Court - Contempt in the Face of Court

Question 1

CONTEMPT IN THE FACE OF COURT

Overview

Answer 1

1) Definition & effect
2) Categories of contempt in the face
3) Procedures to punish for contempt in the face

Question 2

DEFINITION & EFFECT OF CONTEMPT IN THE FACE

Overview

Answer 2

1) Personal knowledge of the court
2) Interference with the course of justice
3) Defence of absolute privilege, whether available

Question 3

DEFINITION & EFFECT OF CONTEMPT IN THE FACE

Personal knowledge of the court

Answer 3

Re Kumaraendran:

• contempt in the face of court is all the circumstances are in the personal knowledge of the court.

Question 4

DEFINITION & EFFECT OF CONTEMPT IN THE FACE

Interference with the course of justice

Answer 4

Parashuram v King Emperor:

• for the words or action to amount to contempt, they must be such as would interfere or tend to interfere with the course of justice.

Question 5

DEFINITION & EFFECT OF CONTEMPT IN THE FACE

defence of absolute privilege

Answer 5

Re TT Rajah:

• if a statement is made in an open court, absolute privilege is no defence to the charge of contempt of the court.

Question 6

CATEGORIES OF CONTEMPT IN THE FACE

Overview

Answer 6

1) Misbehaviour & improper conduct

2) Obstructing proper conduct of litigation

Question 7

CATEGORIES OF CONTEMPT IN THE FACE

Misbehaviour & improper conduct

Answer 7

1) Arguing with presiding officer - Zainur Zakaria v Pendakwa Raya:
- A&S act of arguing with the judge amounted to contempt.
2) Challenging authority of court - Re Kimaraendran:

• A&S act of shouting insulting words at witness was held to be outrageous & tantamount to deliberate challenge to the authority of court;
• It is held to be a gross contempt on the face of the court.

3) Allegation of bias - Re Tai Choi Yu:

• allegation of bias will affect & impair the public confidence in the authority of judiciary.
• consequently, it will imperil the administration of justice.

Question 8

CATEGORIES OF CONTEMPT IN THE FACE

obstructing proper conduct of litigation

Answer 8

1) Concealment of documents - Cheah Cheng Hoe v PP:
- party concealing documents is also in breach of LPPER.
2) Forging or altering court documents - Cheah Cheng Hoe v PP:
- tantamount to contempt or misuse of court’s process.
3) Abuse of process of discovery - Home Office v Harman:
- using document obtained in discovery for collateral purpose of his own may amount to contempt of court.
4) Deny other’s rights of access to court - Malaysian Bar v Tan Sri Dato Abdul Hamid Omar:
- acts done in preventing the sitting of Supreme Court is to obstruct or interfere with the lawful process of the Court which amount to contempt.

Question 9

PROCEDURES TO PUNISH FOR CONTEMPT IN THE FACE

Overview

Answer 9

1) Summary jurisdiction

2) Conditions to punish summarily

Question 10

PROCEDURES TO PUNISH FOR CONTEMPT IN THE FACE

Summary jurisdiction

Answer 10

Karam Singh v PP:

• power to deal with contempt summarily must never be exercised unless the ends of justice really require such drastic means.

Question 11

PROCEDURES TO PUNISH FOR CONTEMPT IN THE FACE

Conditions to punish summarily

Answer 11

1) Specific nature of the alleged contempt - PP v Seeralan S/O Suppiah:
- elements of the contempt must be fully set-out in record.
2) Opportunity to be heard - Re Kumaraendaran:

• A&S cited for contempt must be given opportunity to be heard before being dealt summarily;
• Failure to give opportunity will amount to breach of natural justice.