Subang MP and lawyer R Sivarasa and Felda Chini settler Mohd Razali Ithnain have escaped a contempt judgment against them on an appeal filed by Felda and Felda Palm Industries Sdn Bhd in the Court of Appeal.

However, Justice Alizatul Khair Osman Khairuddin issued a gag order on both of them and their agents from discussing the case in any public forum with a view to pre-judging the issue over the suit filed.

"Having heard the parties, we are of the unanimous view that both appeals should be dismissed.

"The correct test to be applied to ascertain whether the speeches given by the two at the ceramah amounted to contempt in that it is sub judice and construing whether there has been a likelihood of interference with the proper administration of justice."

In this case, she said, the court had perused with care the statements or speeches of the two.

"Having done so, we are not satisfied that the statements create a serious risk that the course of justice maybe interfered with," Justice Alizatul Khair, who led the panel said.

The panel in issuing the gag order noted there was a possibility of the two continuing to make speeches and roadshows and hence the order.

The other two panel's judges were Court of Appeal judges P Nalini and High Court judge Zabariah Yusof.

The panel members made no order as to costs.

Alleged breach of trust

The case is linked to a report four years ago that 770 Felda Chini settlers had filed a suit against the two Felda companies for more than RM422 million for allegedly committing fraud and breach of trust.

They claimed that they had been cheated over the grading of their oil palm fruit.

Sivarasa and Razali were alleged to have committed contempt in discussing the Felda case at the PAS office in Jengka on Aug 27, 2014.

The Kuantan High Court had dismissed Felda's application to cite the two for contempt in January last year.

The two were represented by lawyers Bastian Vendargon and Shahid Adli Kamaruddin while Felda was represented by lawyers Firoz Hussein Ahmad Jamaluddin and Wan Azmir Wan Majid.

The Kuantan High Court has yet to make a decision on the suit by the Felda Chini settlers as it is now awaiting submissions.