Lokman fails to set aside contempt proceedings

KUALA LUMPUR (Jan 14): Umno Supreme Council member Lokman Noor Adam today failed to set aside the contempt proceedings initiated by the prosecution in 1Malaysia Development Bhd (1MDB) case against him.

With this, the hearing for Lokman to answer the contempt charge on him for threatening 1MDB witness Datuk Amhari Efendi Nazaruddin and other potential witnesses has been fixed by High Court judge Collin Lawrence Sequerah on March 13 for committal proceedings.

In dismissing Lokman's claim, Justice Sequerah ruled that any party can issue show-cause notices to an individual to cite the person for contempt, and it is not necessary for the court to do so under Order 52 (Rule 3) of the Rules of Court 2012.

The court also found that the Attorney-General (AG) had provided ample particulars to issue a show-cause notice to Lokman as he is found to have threatened Amhari, the eighth prosecution witness in the 1MDB-Tanore trial, and other potential witnesses in the trial.

"With this the court dismissed the application to set aside the order by this court to grant leave," said the judge.

Justice Sequerah also dismissed Lokman's counsel Tan Sri Muhammad Shafee Abdullah's application for a stay as he told the court they will be appealing today's decision.

Shafee said this is a novel issue as it had not been decided before, as he felt that it is only the court who could issue the show-cause notice as it administers justice and it should not be parties or the AG.

"It has never been argued before in the Court of Appeal or above it (Federal Court)," he said.

Despite this, the prosecution led by Deputy Public Prosecutors Ahmad Akram Gharib and Mustafa P Kunyalam objected to Shafee's intention to appeal as today's ruling is not a decision that disposes Lokman's right.

With Lokman's failure today, Justice Sequerah ordered Lokman to reply to the AG's affidavit within three weeks from today and the AG to reply in another two weeks.

The court fixed Feb 21 for case management for the case and March 13 for the hearing.

It was previously reported that AG obtained leave on Oct 23 last year to cite the politician for contempt.

This led to Lokman trying to set aside the leave granted last week on the technical grounds that it was not proper for the AG to initiate it.

Lokman, from Semenyih, is alleged to have threatened Amhari via a video which was posted on Facebook on Sept 25 last year. Amhari gave evidence in Datuk Seri Najib Razak's 1MDB-Tanore trial.

Subsequently, the Umno Supreme Council member lodged a police report on the same day and the prosecution described his actions as akin to harassing and intimidating Amhari, other witnesses and any potential witnesses who may testify in the case.

The prosecution further described that the intimidation of witnesses constitute an interference with the administration of justice, which constitute as contempt before the court.

The application was filed with an affidavit in support by one Abdul Hamid Baharom, who is an officer from the AG's Chambers.

A person held in contempt can be jailed or fine or both if found guilty.

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