Lokman Adam to challenge court's leave on contempt proceedings against him

Umno supreme council member Lokman Noor Adam will file by Friday next week an application to set aside the High Court's leave for contempt proceedings to commence against him.

On Nov 8, it was reported that Lokman (photo, above) was contemplating whether to answer the contempt proceedings brought against him for allegedly threatening a witness in former prime minister Najib Abdul Razak’s RM2.28 billion 1MDB trial.

During today’s open-court matter, counsel Muhammad Farhan Muhammad Shafee told Sequerah that Lokman intents to file an application to set aside the leave granted by the same court for the prosecution to commence with contempt proceedings against him.

On Oct 22, it was reported that the attorney-general obtained leave to proceed with the committal proceedings against Lokman. The leave was granted ex parte, in reference to court proceedings where only one party is present at said proceedings.

“We have instructions to file an application to set aside the ex parte (High Court) leave. We are challenging the ex parte (court leave) on the basis that the unamended Order 52 (Rules of Court 2012) statement,” Farhan told the court.

Farhan was referring to the statement in the attorney-general’s leave application, which among others set out the name of the person in which the committal is sought.

Order 52 (1) states that no application to a court for an order of committal against any person may be made unless leave to make such an application has been granted under this rule.

Order 52 (2) states that an application for such leave must be made ex parte to the court by a notice of application, supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on.

Farhan informed the court today that it ought to deal with Lokman’s application first before the said court could deal with another application by the attorney-general.

Earlier in today’s proceedings, DPP Mohamad Mustaffa P Kunyalam, who acted for the attorney-general informed the court that yesterday they had applied to amend the statement contained in their committal cause papers.

Sequerah then fixed Dec 6 for mention to update the court on developments in the filing of Lokman’s application to set aside the leave for the attorney-general to proceed with contempt proceedings against him.

Meanwhile, when met after proceedings, Farhan explained that they are challenging the entire procedure done to obtain leave to commence committal proceedings against Lokman as the statement being relied on by the attorney-general was defective.

“As it (proceedings to obtain leave to commence committal proceedings) was done ex parte with only one party (the attorney-general) doing the application, all paperwork must be accurate and in order in compliance with Order 52.

“If that is not in order, then that is grounds to set aside the entire ex parte order (granting leave for the attorney-general to commence with the committal proceedings against Lokman),” said Farhan.

Concerning the Attorney-General having yesterday applied to amend the statement in the cause papers for the committal bid, Farhan said the defence team argued that the attorney-general cannot amend the statement after already having obtained said leave.

“You have to disclose everything so the judge (Sequerah) has all the facts (during the ex parte hearing of the attorney-general’s application for leave to proceed with contempt proceedings against Lokman).

“We argue that the Order 52 statement (in the cause papers seeking leave to commence contempt proceedings against Lokman) is defective,” said Farhan.

When met afterwards, Mustaffa said that the attorney-general’s application to amend the statement in their cause papers seeking committal is merely to add particulars and details of the alleged contempt committed by Lokman.

The DPP explained that the amendment sought would not significantly alter the cause papers, and it was merely to particularise the purported contemptuous act committed by Lokman.

“Even if the court does not allow (the attorney-general’s application to amend the statement in the committal cause papers), we still have the affidavit (tp support the committal application),” Mustaffa said.

The DPP added that the said affidavit contained details of the contemptuous acts allegedly committed by Lokman.

Lokman was alleged to have committed contempt on two occasions on Sept 25.

Firstly, Lokman, through a video interview, allegedly uttered words constituting an express or implied threat against Amhari Efendi Nazaruddin, the eighth witness in Najib’s ongoing RM2.28 billion case of abuse of power and money laundering related to 1MDB.

Secondly, Lokman is alleged to have lodged a police report against Amhari with respect to his testimony against Najib during the ongoing prosecution’s stage of the trial. - Mkini