Selangor government lawyer Fahda Nur Ahmad Kamar has been freed of contempt in proceedings before the Kuala Lumpur High Court.

Justice Mohd Arif Mohd Yusof ruled that Fahda's remarks at a closed-door talk for religious teachers, and which were reported in PAS organ Harakah , were not contemptuous.

NONE " Harakah has a subscription limited to PAS members and is therefore unlikely to influence the trial judge who is a professional, in hearing the suit brought by Syarikat Bekalan Air Selangor (Syabas)," he said.

Justice Mohd Arif ordered Syabas to pay RM20,000 in costs to lawyers for Fahda Nur ( left ) and Harakah.

Syabas had filed legal action against the Selangor government last year, for not raising the water tariff.

It then filed the contempt proceedings against Fahda Nur, who is representing the Selangor government.

The Harakah article, published on Dec 7, 2010, was headlined ' SAR bantu kempen bantah kenaikan tariff air ' (Religious schools help in campaign against a hike in tariff rate).

Syabas had complained that Fahda had said "It is impossible for the water supply company to have incurred losses and substantial debt as water is a basic need for human life", and that she had expressed reservations that Syabas could pay its debt as at 2005 amounting to RM2.9 billion.

'Fair comment not contemptuous'

Justice Mohd Arif in his written judgment recognised the changing role of the media which now encompassed the Internet media.

He also cited Lord Denning's quote that "a fair comment does not sub-judice a fair trial".

Justice Mohd Arif said that, once the case papers are filed in court, legal action cannot be taken against the media if the comment made is fair.

Fahda Nur was represented by senior lawyer Tommy Thomas, as well as her husband and Balik Pulau MP Mohd Yusmadi Yusoff.

malaysian law conference 301007 tommy thomas 2 Max Yong appeared for Syabas, while a lawyer from the firm of Mohd Hanipa Maidin represented Harakah .

Yusmadi told reporters that this judgment is important as the judge had cited Lord Denning in that a fair comment, made in the public interest, is not actionable.

"This is important to media practitioners that when an action is filed in court, a fair comment made out of an issue which is of public interest, would not be considered contemptuous or defamatory," he said.

Thomas ( right ), who was also present, concurred that this judgment was important to media people and especially journalists as it upheld the right to fair comment.

Gone overboard

Yong who appeared for Syabas had at his submission told the court that Fahda had gone overboard with her statement when this case is still pending in court.

"Syabas is worried that such a statement which appeared in Harakah will influence the judge's judgment in the originating summons," he said.

"Such statements have resulted in embellishment, of going a step further in the trial," the lawyer had submitted.

harakah Yong said Fahda and Harakah had pre-judged the issue before the court by making such statements.

Thomas submitted the Malaysian legal system was not in danger of contempt because the country does not adopt a jury system.

"However, Malaysia's (system has) a professional judge and there must be proof shown that he would be influenced by what he reads in newspapers," he told the court.

Thomas also submitted the contempt proceeding against Fahda was an intimidatory tactic to remove her from representing the Selangor government.

The senior lawyer also cited the Federal Court judgment in the Nordin Salleh case, which was also referred to by Justice Mohd Arif in his verdict today, that the court will not limit the fundamental liberties of a person which includes freedom of speech.