Rantau returning officer jailed for coaching witness via text message

In an unprecedented move, the Election Court in Seremban sentenced the Election Commission returning officer in the Rantau general election to three months’ jail today.

Amino Agus Suyub was found in contempt of court by Justice Azimah Omar, after finding him guilty of sending text messages to his assistant, Daing Muhamad Rahimi, in order to coach Daing on how to answer questions.

"As an RO (returning officer) and the district officer (for Rembau), you are a public officer, a government servant, but you are coaching witness, whom you know is the next witness.

"Your action has disrupted the proceeding and this is very serious," Justice Azimah said.

Amino and Daing were testifying at Dr S Streram's election petition.

In his petition, PKR candidate Streram is challenging the decision to declare Mohamad Hassan as the winner of the seat after he (Streram) was prevented from submitting his nomination form on April 28 at the nomination centre.

Mohamad (photo) is the former Negeri Sembilan menteri besar.

Amino was found texting Daing: "Assalam, lepas ni Ko akan jadi saksi. Hati2 teruk den kono soal dalam court. Hari ni sambung lagi. Cuma den bagi tau pass dah tak relevansemasa penamaan calon kerana ko kono bertugas dlm dewan. Hanya perlu beritahu RO utk kebenaran masuk Dewan."

(After this you will be the witness. Be careful as I was severely questioned in court and today the trial continues. I testified that the pass is not relevant on nomination day as you only work inside the hall. You only need the approval of the RO to enter the hall)

To this, Daing replied: "Wassalam baik tuan." (Alright sir)

Then Amino replied in his text: "Lebih baik cakap tak tahu". (Better for you to reply that you do not know)

This is probably the first time an Election Court has sentenced someone for contempt of court.

Lawyer Rafique Rashid Ali for Streram told Malaysiakini that Justice Azimah has sent a clear signal to all public servants that the courts will not tolerate any attempt to interfere with the course of justice.

Previously it was reported that Amino and Daing were warned by the judge to come to court to testify or face charges of contempt.

Today a "trial within a trial" was held to determine whether Amino was guilty of contempt when Amino and Daing took the stand.

While Amino apologised at the stand, Justice Azimah did not accept it on the grounds that he was interfering in the proceedings and the administration of justice.

Despite the sentence, Amino received a stay of the jail sentence after his lawyer G Rajasingam applied for one.

Streram's lawyers, led by Mohd Haniff Khatri Abdulla, had last Thursday suspected something amiss in Daing's testimony when the witness during cross-examination said he had received several text messages from Amino, guiding him on how to testify in court.

This led to Haniff requesting Justice Azimah to take notice of the messages and initiate contempt proceedings, which were initiated and decided today. -Mkini