Emeritus Professor Shad Saleem Faruqi argues that a documentary related to the ongoing 1MDB trial may be sub judice, but not in contempt of court. He states that the rules on sub judice and contempt of court were created during the days of jury trials, which no longer exist in Malaysia. He believes that judges today are trained, mature, and impartial, and will not be influenced by external comments.
Emeritus Professor Shad Saleem Faruqi said while it can be argued that the documentary may be sub judice to the ongoing 1Malaysia Development Berhad (1MDB) trial, there is no evidence that it could amount to contempt of court . He said the rules on sub judice and contempt of court were created during the days when Malaysia still practised jury trials , but these were abolished in 1995.
“At the time, there was a real danger that members of the public who are on the jury may be influenced by comments they hear, but those days (of jury trials) are gone. He said: “Judges who hear cases nowadays are trained, intellectually and emotionally mature, and impartial, and make decisions according to the law and based on admissible evidence, despite whichever direction the wind is blowing. “While I agree that the show could be sub judice, I don’t agree that it is in contempt of court and it should not be banned because our judges will not be influenced when making decision
Documentary Sub Judice Contempt Of Court 1MDB Trial Jury Trials Judges