Contempt trial to start even if Lingam, 24 others absent

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PUTRAJAYA: After numerous postponements over the last three years, the Federal Court will hear contempt proceedings against former lawyer V K Lingam and 24 others even if some are absent, a lawyer said.

Counsel David Gurupatham, who is representing minority contributories of Kian Joo Holdings Sdn Bhd (KJH), said this was made clear by Federal Court judge Suryadi Halim Omar at the last hearing.

“The court has indicated that there will be no more adjournment and the case will go on even if one of the accused is absent,” he told FMT when asked for an update on the matter.

David said the court had the discretion to proceed in this quasi criminal trial even if an accused was not present.

The case has been fixed for Nov 21. At the last hearing on July 28, Suryadi granted a final adjournment to allow KJH majority contributories to get a new counsel.

Lingam, who was implicated in judicial fixing by a Royal Commission of Inquiry in 2007, and 24 others had alleged that a Federal Court bench had plagiarised its judgment in a civil case.

Anyone found guilty of contempt can be jailed, fined or can get off by issuing an apology.

On 23 August, 2013, Lingam and the rest failed to set aside their contempt charge as the court ruled there was a prima facie case against them.

Retired Federal Court judge Gopal Sri Ram, who then appeared for Lingam, told the court that his client wished to give oral evidence.

Trial was then set for Dec 8, 2013, but Lingam did not turn up on the grounds that he was seeking medical treatment overseas for a full hip replacement.

Following his continued absence, the court last year ordered Lingam to submit medical reports.

Last November, the Advocates and Solicitors Disciplinary Board found Lingam guilty of professional misconduct in the 2002 scandal on the appointment of top judges.

The government is conducting the prosecution after taking over the contempt proceedings against Lingam, former Kian Joo Can Factory Bhd (KJCF) group managing director See Teow Chuan and 23 others who were the majority and minority contributories of (KJH).

KJH liquidators Ooi Woon Chee and Ng Kim Tuck were the original applicants, but withdrew the contempt charges against Lingam and the rest.

The legal dispute that led to the contempt proceedings began in 2009 when the respondents went to the High Court after a rival company Can-One International Sdn Bhd won the tender to purchase a 32.9 per cent stake in KJFC.

The respondents failed in the High Court to stop Can-One from acquiring the shares. However, the Court of Appeal reversed the decision.

The case was then taken to the Federal Court where a three-member panel of judges ruled in favour of the liquidators.

The respondents then filed a review, citing plagiarism in the court’s written judgment but it was dismissed by the Federal Court.