PUTRAJAYA: The Federal Court here dismissed an ex-parte application by lawyer Datuk V.K. Lingam and 24 others seeking leave to initiate counter contempt proceedings against two liquidators and their solicitors.
“The applicants have failed to establish a prima facie case for leave to be given, and accordingly, we dismiss this application,” said Chief Judge of Sabah and Sarawak Justice Richard Malanjum, who chaired a panel of five judges.
The submissions raised by Lingam’s counsel had basically been defences to allegations of contempt raised against them, he said, adding that the decision had been unanimous.
The other four panel judges were Federal Court judges Hashim Yusoff, Abdull Hamid Embong, Ahmad Maarop, and Hasan Lah.
Lingam had filed the application for contempt against liquidators Ooi Woon Chee and Ng Kim Tuck as well as their lawyer Tan Sri Cecil Abraham and solicitor Sahendran Suhendran Sockanathan Abdullah.
Ooi and Ng had previously sought leave for Lingam to be committed for contempt for advising, drafting and filing a review application on issues of plagiarism and its related affidavit at the Federal Court over a civil judgment concerning a company’s sale of shares.
They claimed that Lingam and the others should have known that the statements contained in the documents would subvert the administration of justice, undermine public confidence in the judiciary, ridicule, scandalise and offend the dignity, integrity and impartiality of the court.
The Federal Court granted leave to commit Lingam, 12 majority contributories and 11 minorities involved in the tussle over a company’s shares and a former solicitor who acted for the minority in the matter, for contempt of court.