Attorney-General Abdul Gani Patail will personally investigate the Court of Appeal's complaint against Metramac Corporation Sdn Bhd's lawyer Muhammad Shafee Abdullah for alleged contempt of court.

The AG gave his undertaking today when he appeared before the court this morning. The court had on Jan 26 sought the his assistance to help it determine whether Shafee should be asked to show cause for sending a complaint letter to Court of Appeal President Abdul Malek Ahmad and Chief Justice Ahmad Fairuz Sheikh Abdul Halim alleging that Justice Gopal Sri Ram had committed judicial misconduct in the course of an appeal case between Metramac and Fawziah Holdings Sdn Bhd.

"This is a very serious matter. I appeal to the court in all its wisdom and magnanimity to allow me to resolve the matter in a best possible way. Allow me to investigate this case in all fairness to protect the dignity of both the judiciary and the legal fraternity," said Abdul Gani.

He added he would report his findings in a month's time. Asked by the court whether he would encourage counsel writing such letters as Shafee had done, Gani said: "No, I don't encourage such acts. But we will get to the bottom of this". Bar Council representative Ragunath Kesavan, invited by the court to give the council's stand on the issue, concurred with Gani's view that such acts were not encouraged.

Justice Gopal Sri Ram, who sat with Justices Hashim Yusoff and Zulkefli Ahmad Makinuddin, then adjourned the proceedings to a later date after all parties agreed to the adjournment.

Shafee had in his letter complained about remarks Gopal made about Metramac co-owner Abdul Halim Saad and former finance minister Daim Zainuddin.

The court was then of the 'preliminary view' the letter dated Jan 24, 2006 was 'prima facie contemptuous' but invited all parties - including the AG and the Bar Council - to state their views on the matter before taking further action against Shafee.

Uninspired judge

Earlier today, the court dismissed arguments made by Shafee's lawyer DP Vinjandran who objected to the adjournment stating that "the court should make a decision once and for all".

"The court should terminate the proceedings against my client and leave the matter to the AG's discretion to decide whether there is a case against him (Shafee). Either the court moves on its own motion or on the motion of the AG. It can't do both."

However, the court argued that it had no intention to move on the AG's motion.

"The AG will investigate the matter and make his proposal to us. We don't have to accept his proposal. Even if he said that there is no contempt, we will take further action if we are convinced that there is (contempt)," Gopal said before adjourning the proceeding.

Gopal had initially expressed reluctance to leave the matter to the AG due to a bad experience in the past.

Gopal: "We had lodged a complaint with your chambers about two to three years ago. But until today we've got no response."

Gani: "Forgive us, my lord. But this time I take full responsibility to attend to the case."

Gopal: "It was a complaint that involved the Official Secrets Act, Sedition Act and contempt of court. But nothing since then. You must forgive me for not being inspired to lodge a complaint with you."

Gani: "I hope that the court will be inspired with the assurances that I have made today."

The AG also assured that his investigation will be conducted "in a speedy manner".

Affected parties

Also making their submissions were Dr Cyrus Das who represented Fawziah Holdings who said his clients were directly affected by the alleged contempt.

He said among the claims made in the letter was that the judgment - which was in favour of his client - was a product of an unfair proceeding against Metramac.

"We had a full day appeal in August last year before the court adjourned to allow parties to submit a written submission. Parties then met again in October last to argue on interlocutory matters.

"We humbly submit that the court had accorded a full and fair hearing to all parties. We were surprised to see such claims in the letter."

He also expressed concern that the complaints were only made after the judgment was delivered when Shafee had ample time during the course of the appeal to express his grouses against the judges.

Here Gopal interjected: "I wonder what would had happened if they (Metramac) had won the case?"

Cyrus stated that it was unfortunate that parties involved in the case were forced to comment on the issue which would have not be necessary if complaints were made well before judgment was delivered.

On Jan 12, the Court of Appeal ordered Metramac - the concessionaire of the East-West Link Expressway and the Sungai Besi Expressway - to pay RM65 million to Fawziah Holdings for loss of advertising rights.

The case attracted public attention when Gopal - in his judgment - accused tycoon Halim Saad and his former business partner Anuar Othman of siphoning RM32.5 million from Metramac under the patronage of former Finance Minister Daim Zainuddin.

Halim and Daim have since denied the allegations.