KUALA LUMPUR, Aug 23 ― Senior lawyer Datuk VK Lingam and 12 majority contributories of Kian Joo Holdings Sdn Bhd were today directed to enter their defence for contempt of court over an allegation that a Federal Court judgment in a civil suit was plagiarised from another.
A five-judge panel from the apex court today decided that the prosecution had proven a prima facie case against Lingam and the others, after dismissing their bid to strike out the charge.
In 2009, the 12 majority contributories had filed an application in the High Court to prevent a certain company from acquiring a 32.9 per cent stake in KJH’s Kian Joo Can Factory Bhd (KJCF), state news agency Bernama reported previously.
The High Court had ordered KJH to be wound up in 1996 and two liquidators were appointed.
The 12 plaintiffs failed in their application but the Court of Appeal reversed the decision and subsequently the case was brought to the Federal Court which ruled in favour of the liquidators.
The group of 12 then filed a notice of motion through Lingam, seeking the Federal Court to review the decision by its previous panel.
They wanted the Federal Court to set aside the decision of the previous Federal Court panel and order a re-hearing of the appeals before a new panel.
In the notice of motion, they, among others, claimed that the Federal Court’s 47-page judgment was substantially a reproduction of a written submission by counsel who acted for the two liquidators without any attribution to them.
The group also claimed that the court did not conduct an independent and impartial review of the evidence and the law, where it did not engage in its own analysis or reach its own findings.
On April 3 last year, in a unanimous decision, the Federal Court allowed a leave application by Tan Sri Cecil Abraham, who represented two liquidators of Kian Joo Holding, to cite Lingam and the others for contempt.
