1) Kenapa Arifin Jaka hanya sekadar memberi amaran kepada menteri?
2) Bukankah memberi amaran ini makna bahawa Arifin Jaka akui menteri-menteri tersebut sudah melakukan contempt of court?
2) Arifin juga mengatakan sesiapa yang bertanggungjawab memberi komen akan menghadapi tindakan keatas mereka. Adakah Arifin akan mengotakan katanya especially to those in power?
Judge refuses to cite Mahathir for contempt but orders gag
KUALA LUMPUR, Oct 7 (AFP) - The judge in the sodomy trial of Malaysia's ex-deputy premier Anwar Ibrahim refused Thursday to cite Prime Minister Mahathir Mohamad for contempt of court but warned ministers not to comment on the case.
"The less said by anybody especially those in power, including ministers, is better because the proceedings against (Anwar) are still in progress," said Judge Arifin Jaka.
"The question of sodomy alleged to be committed by (Anwar) should not be referred to at random as the issue is to be determined by the court."
"If comments made are contemptous, those responsible should face the consequences in the event that action is taken against them. Restraint is best to avoid unneccessary aspersions and to avoid misconception that this court licences anybody to comment on the proceedings," he added.
Defence counsel Karpal Singh had urged the court to order the attendance of Mahathir and several cabinet ministers for possible comtempt of court for their remarks about the trial.
The other ministers included Transport Minister Ling Liong Sik, Education Minister Najib Tun Razak, Rural Development Minister Annuar Musa and Deputy Minister in the Prime Minister's Department Ibrahim Ali.
Karpal said Mahathir had "threatened legal action against me for libel" and the threat was repeated by Ling and Najib.
"Any threat by anyone however high to a counsel in relation to what he says in court amounts to a very serious contempt of court. The seriousness is compounded by the fact that it comes from the prime minister himself," he said.
On Wednesday Mahathir said it was libellous to accuse the government of poisoning Anwar with arsenic and warned Karpal that he might face action over the allegation.
Anwar's sodomy trial was sensationally adjourned September 10 for hospital tests after Karpal said Anwar's urine sample taken August 18 and tested in Australia under an assumed name showed high levels of arsenic, indicating a possible murder attempt.
But a medical report released at Anwar's sodomy trial Tuesday concluded he was not suffering from acute arsenic poisoning when tests were conducted in mid-September.
Anwar, sacked and arrested in September 1998, was jailed for six years in April for abusing his official position.
He and his Indonesian adopted brother Sukma Darmawan are jointly accused of sodomising Azizan Abu Bakar, Anwar's former driver, in early 1993. Sodomy is punishable by up to 20 years.
Judge Arifin said that he would not be calling Mahathir or the other ministers mentioned by Karpal to be cited for contempt.
"I'm more concerned with the procedures. I do not want to delay the proceeding. Go ahead and file a proper application (to cite ministers). You can file it today," he said.
A defence lawyer later told AFP: "We will not file the application. We will rely on the statement made by the judge."
The trial was adjourned till Monday to enable an Islamic Court to provide a record of a sex trial involving Azizan.
The Islamic court in southern Malacca state on September 28 jailed Azizan for three months and fined him 7,000 ringgit (1,842 dollars) after he pleaded guilty to being in close proximity with a woman.
Defence lawyers had said that conviction cast doubt on Azizan's credibility as a witness against Anwar and sought in vain to have him recalled to the stand.
