Legal Letter Warns Malaysiakini Of Contempt Proceedings Over Sabah Article

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It claimed it has obtained an injunction from the Kota Kinabalu High Court in relation to the SMM’s lawsuit against its ex-CEO Jontih Enggihon and an external third party Tei Jiann Chieng.
“We note with concern that the article contains information and references to the process of licensing for mining, which is the subject of the ongoing legal proceedings and constitutes a breach of the said injunction.
“Under Malaysian law, including the principles of contempt of court, any third party with actual knowledge of an injunction order who knowingly assists or facilitates a breach of such an order may be liable for contempt,” the firm Chin Lau Wong & Foo said in a letter to Malaysiakini last night.
The Malaysiakini report yesterday was about a claim by the whistleblower in the Sabah corruption scandal that he had received an offer to reinstate his company’s mining exploration licences but turned it down.
Jontih EnggihonThis is purportedly in exchange for making a public pronouncement that the funds were political donations, apologising to the assemblypersons implicated in the scandal, and describing what transpired between him and Chief Minister Hajiji Noor as a “misunderstanding”.
Hajiji is SMM’s chairperson.
Breach of injunction
The legal letter told Malaysiakini that the article yesterday was purportedly in breach of the injunction.
It said Malaysiakini is to stop disseminating videos and articles referenced in yesterday’s article and to remove any materials related to the ongoing court proceedings.
It said the news portal has 48 hours to provide written confirmation that it would comply with the injunction and refrain from further publications that may violate the court order.
Hajiji Noor“Should Malaysiakini fail to comply with the above, we are instructed to take all necessary legal steps to enforce compliance, including but not limited to initiating contempt of court proceedings,” it said.
On Jan 23, Borneo Post reported that SMM had initiated legal proceedings against Jontih and Tei after Jontih accused his successor Natasha Sim and chairperson Hajiji of misconduct and abuse of power.
The company reportedly said this is to seek redress for “fraud, breach of fiduciary duties and confidentiality, tampering with official documents, conspiracy to injure by unlawful means, and potential collusion with third parties”. - Mkini

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