The Federal Court in Putrajaya has sentenced the 46-year-old imam who hurled his shoes at a three-member panel of judges last month to a one-year jail term for contempt in the face of the court.
Imam Hoslan Hussain (right) appeared before the bench today after being served with a show-cause letter to answer for his actions.
Hoslan's arrival courted some drama as he was late and only arrived as the panel of judges was preparing an order for an arrest warrant to be issued for him to be picked up by police and produced in court.
Also present was counsel for the Federal Territory Islamic Religious Council, who was present during Hoslan’s earlier shoe-throwing antics, and lawyer Arthur Wang, who appeared on behalf of the Bar Council.
Both, like Hoslan, were summoned by the court to attend the proceedings.
The attorney-general was also asked to attend or send a representative in his role as guardian of the public interest, but was absent.
This prompted a verbal rebuke from Federal Court judge Zulkifli Ahmad Makinuddin who headed the three-member bench.
“This proceeding was called by the court. But the AG or at least his representative should be here. This is a case of public interest and concerns the dignity of the court,” said the judge.
'I am confused’
When asked to justify his action, Hoslan told the court that he was confused as he is an imam, and as such his case should have been tried in the Syariah Court.
He accused “political people” of causing the case to be tried in the civil and criminal courts.
Hoslan cried briefly after addressing the court, sobbing loudly to a silent and stricken court.
The imam however composed himself after a while and recited some prayers and Quranic verses, as proceedings continued.
Federal Court judge Zulkifli pronounced the verdict after listening to Hoslan’s reasoning.
“After conferring with the panel, after hearing and analysing your reasoning and explanation, we decided that you have failed to provide adequate explanation.
“We find you guilty of contempt in the face of the court.”
The court proceedings was then postponed until 10.30am to allow Hoslan’s lawyer, Karpal Singh, to prepare for the imam’s plea in mitigation over his sentence.
Karpal, in asking for a postponement, said that this was a serious matter and he needed time. He asked for the court to only resume on Monday next week, but Zulkifli said that the matter must be finished today and granted only half an hour's respite.
Imam Hoslan Hussain (right) appeared before the bench today after being served with a show-cause letter to answer for his actions.Hoslan's arrival courted some drama as he was late and only arrived as the panel of judges was preparing an order for an arrest warrant to be issued for him to be picked up by police and produced in court.
Also present was counsel for the Federal Territory Islamic Religious Council, who was present during Hoslan’s earlier shoe-throwing antics, and lawyer Arthur Wang, who appeared on behalf of the Bar Council.
Both, like Hoslan, were summoned by the court to attend the proceedings.
The attorney-general was also asked to attend or send a representative in his role as guardian of the public interest, but was absent.
This prompted a verbal rebuke from Federal Court judge Zulkifli Ahmad Makinuddin who headed the three-member bench.
“This proceeding was called by the court. But the AG or at least his representative should be here. This is a case of public interest and concerns the dignity of the court,” said the judge.
'I am confused’
When asked to justify his action, Hoslan told the court that he was confused as he is an imam, and as such his case should have been tried in the Syariah Court.
He accused “political people” of causing the case to be tried in the civil and criminal courts.
Hoslan cried briefly after addressing the court, sobbing loudly to a silent and stricken court.The imam however composed himself after a while and recited some prayers and Quranic verses, as proceedings continued.
Federal Court judge Zulkifli pronounced the verdict after listening to Hoslan’s reasoning.
“After conferring with the panel, after hearing and analysing your reasoning and explanation, we decided that you have failed to provide adequate explanation.
“We find you guilty of contempt in the face of the court.”
The court proceedings was then postponed until 10.30am to allow Hoslan’s lawyer, Karpal Singh, to prepare for the imam’s plea in mitigation over his sentence.
Karpal, in asking for a postponement, said that this was a serious matter and he needed time. He asked for the court to only resume on Monday next week, but Zulkifli said that the matter must be finished today and granted only half an hour's respite.
During the break, Hoslan exited the court and prayed on the bare floor outside as photographers and bystanders swarmed in to watch and record the moment.
‘Imam regrets his actions’
When proceedings resumed, Karpal asked the court to show leniency and only issue a stern reprimand, taking into consideration mitigating circumstances.
“My client regrets his actions and apologises to the court... His case has been dragging on and it has been a weight on his mind... He is 46 years old, married with seven children between six and 16 years old.
"He is a civil servant, an environmental officer with the Jabatan Alam Sekitar, he is the one taking care of his family,” argued the Bukit Gelugor MP(right in photo).
After Karpal, Hoslan himself addressed the court, presenting his apology.
The representative from the AG, senior federal counsel Suzana Atan, who joined the proceedings after the break, was then asked to speak.
However, this was not before Justice Zulkifli once again took the AG’s Chambers to task for the “miscommunication” that saw them not attending the earlier part of the proceedings.
Suzana apologised for being late, though she said that orders were given for them to be available for the matter.
‘Deterrent sentence warranted’
Speaking on behalf of the AG, she stressed that Hoslan’s action is a serious case of contempt against the court.
“More so now that we are informed that he is a civil servant. His action is unbecoming of a public servant and is an affront to the judiciary.
“We believe that a custodial sentence as a deterrent is warranted,” she argued.
Her view was shared by the representative of the Bar Council.
“This is indeed the apex court, and this incident is historic. Such an act of contempt has never happened in this court.
“While we believe that leniency should be accorded in some cases, this is not one of them.
“We agree with the AG that a deterrent sentence be meted out,” Wang said.
‘Protecting the dignity of the court’
‘Imam regrets his actions’
When proceedings resumed, Karpal asked the court to show leniency and only issue a stern reprimand, taking into consideration mitigating circumstances.
“My client regrets his actions and apologises to the court... His case has been dragging on and it has been a weight on his mind... He is 46 years old, married with seven children between six and 16 years old.
"He is a civil servant, an environmental officer with the Jabatan Alam Sekitar, he is the one taking care of his family,” argued the Bukit Gelugor MP(right in photo).After Karpal, Hoslan himself addressed the court, presenting his apology.
The representative from the AG, senior federal counsel Suzana Atan, who joined the proceedings after the break, was then asked to speak.
However, this was not before Justice Zulkifli once again took the AG’s Chambers to task for the “miscommunication” that saw them not attending the earlier part of the proceedings.
Suzana apologised for being late, though she said that orders were given for them to be available for the matter.
‘Deterrent sentence warranted’
Speaking on behalf of the AG, she stressed that Hoslan’s action is a serious case of contempt against the court.
“More so now that we are informed that he is a civil servant. His action is unbecoming of a public servant and is an affront to the judiciary.
“We believe that a custodial sentence as a deterrent is warranted,” she argued.
Her view was shared by the representative of the Bar Council.
“This is indeed the apex court, and this incident is historic. Such an act of contempt has never happened in this court.
“While we believe that leniency should be accorded in some cases, this is not one of them.
“We agree with the AG that a deterrent sentence be meted out,” Wang said.
‘Protecting the dignity of the court’
The court then took a 15-minute recess as the panel of judges adjourned to consider their decision after hearing from all parties concerned.
Before passing sentence when proceedings resumed, Zulkifli read out a statement on why the court was compelled to institute such summary action against him.
“Your action, if not dealt with, can adversely affect the court and impinge on its dignity.
“Any criticism of a judge or the decision of the court must be done in a proper manner with good intentions. Not with verbal abuse or such actions.
“This is not to assuage our own personal dignity, but to protect the dignity and eminence of the court.
“As the nature of the action is serious, we have to pass a sentence which is appropriate and also act as a deterrent,” said Zulkifli.
Fellow bench member Suriyadi Halim Omar, was however more direct.
“I won’t be as generous as my colleague, indeed I would be more harsh.
“This incident is very embarrassing to religious officials like imams who are highly respected and have good manners.
“However, you show none of the above. You are proud, uncouth,riak (self-absorbed) and violent... I am using the word violent here. You do not respect this institution.
“You act like that. I cannot accept it. You must now reap what you have sown by your actions,” said Suriyadi.
The third member of the bench, Zaleha Zahari, only agreed with her fellow judges and did not add to them.
“Your action, if not dealt with, can adversely affect the court and impinge on its dignity.
“Any criticism of a judge or the decision of the court must be done in a proper manner with good intentions. Not with verbal abuse or such actions.
“This is not to assuage our own personal dignity, but to protect the dignity and eminence of the court.
“As the nature of the action is serious, we have to pass a sentence which is appropriate and also act as a deterrent,” said Zulkifli.
Fellow bench member Suriyadi Halim Omar, was however more direct.
“I won’t be as generous as my colleague, indeed I would be more harsh.
“This incident is very embarrassing to religious officials like imams who are highly respected and have good manners.
“However, you show none of the above. You are proud, uncouth,riak (self-absorbed) and violent... I am using the word violent here. You do not respect this institution.
“You act like that. I cannot accept it. You must now reap what you have sown by your actions,” said Suriyadi.
The third member of the bench, Zaleha Zahari, only agreed with her fellow judges and did not add to them.
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