Justice Akhtar in his judgment today acknowledged that the Malaysiakini reporter's affidavit was based on a telephone conversation with Nazri.
However, he said there is total lack of evidence to prove Malaysiakini is an electronic media, resulting in the court viewing the appeal as problematic and frivolous.
"Following this, the court dismisses the application," he said.
Outside the court, Karpal said "A minister's utterance of such words of contempt is a serious offence before the court and hence, action should have been taken by a court of law,"
'Surprising finding'
Karpal also expressed amazement that Justice Akhtar did not find evidence that Malaysiakini is an electronic media.
"The court took judicial notice that it cannot find proof thatMalaysiakini is an electronic media, and we are perplexed with this finding," he said.
"Malaysiakini is a recognised electronic media and for the court to state this as a finding is certainly surprising."
Karpal (right) also hopes to clear this issue with the court.
On May 21, last year coroner Azmil Muntapha Abas had escaped contempt proceedings when he ruled that the remark made by Nazri was “his own opinion”.
The coroner, however, said it was not acceptable for Nazri to accuse Pornthip, an expert witness, of lying.
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