Letters - What the Federal Court did not say

I AM afraid that the near euphoria by the media that the Federal Court has recently ruled that journalists need not disclose the identity of their source is misplaced.

All that the decision makes clear is that the subject matter of the appeal – which involved an issue of disclosure by the journalist – was not appealable.

Why? Because the entire trial has not been concluded. Hence the appeal on this issue was raised prematurely. The report reads: “Md Raus said the High Court’s decision was made in the course of a trial; thus, it did not finally dispose of the rights of a party.”

That’s why the case has been remitted to the High Court for the trial to continue.

This ruling is not exceptional and is fairly trite law – that an issue raised in mid-trial cannot be the subject of an appeal.

Once the whole trial is over and concluded then any issue – including this question of disclosure of a journalist’s source, if still relevant – can be raised on appeal.

In short this issue can only be raised as a ground of appeal after a verdict was issued on the conclusion of the trial.

Gurdial Singh Nijar
Law Faculty
University of Malaya