Attorney-General Tommy Thomas has obtained leave to commence contempt proceedings against Lokman Noor Adam.
This is in relation to the Umno supreme council member’s two alleged threats against Amhari Efendi Nazaruddin, a former special officer of former prime minister Najib Abdul Razak.
Kuala Lumpur High Court judge Collin Lawrence Sequerah issued the order in terms during open-court proceedings this morning.
Respondent Lokman (photo) was not present as this was an ex-parte application by the Attorney-General’s Chambers (AGC) acting for Thomas, whereby only the applicant’s side is present during proceedings.
The contempt leave application was made over Lokman’s alleged contempt of court acts perpetrated on two occasions on Sept 25.
Firstly, Lokman through a video interview, had allegedly uttered words constituting an express or implied threat against Amhari, who is the 8th witness in Najib’s ongoing RM2.28 billion case of abuse of power and money laundering.
Secondly, the respondent was alleged to have lodged a police report against Amhari in respect of his testimony against Najib during the ongoing prosecution’s stage of the trial.
“The object or purpose of the respondent’s said act was to harass and intimidate Amhari, other witnesses and any potential witnesses who may come forward to give evidence against the accused in the aforementioned arrest cases,” according to the cause papers for the contempt leave application signed by DPP Mohamad Mustaffa P Kunyalam.
During the open court proceedings, DPP Gopal Sri Ram, who acted for Thomas, submitted that the threshold for leave to initiate contempt has been met due to a clear attempt by Lokman to interfere in the due administration of justice.
“There is a clear attempt to interfere in the due administration of justice by the respondent at prima facie stage.
“We submit the threshold (to obtain leave to commence committal proceedings) has been met. We move for the court to grant leave to initiate (committal proceedings),” Sri Ram (above) told the court this morning.
When Sequerah enquired on the alleged contempt acts committed by Lokman, Sri Ram said it is not only the police report that the respondent lodged against Amhari, but also a video interview where he allegedly attacked the integrity of the Attorney-General.
The judge then allowed the application for leave to commence contempt application, and granted order in terms.
Sequerah then ordered the applicant to file the notice of motion regarding the contempt proceedings within 14 days from today.
It is learnt that the date for hearing of the merits of the contempt application would only be set after the AGC files the notice of motion with the Kuala Lumpur High Court registry and serves those cause papers on Lokman.
After proceedings, Mustaffa explained that in the event that the court makes a ruling that Lokman has committed contempt of court, the court has discretion on what sentence to impose on the Umno supreme council member, whether fine or custodial sentence.
The DPP said this is seen Article 126 of the Federal Constitution, which states that “The Federal Court, the Court of Appeal or a High Court shall have power to punish any contempt of itself.”
Mustaffa also said that this power is granted by section 13 of the Courts of Judicature Act, which states that “The Federal Court, the Court of Appeal and the High Court shall have power to punish any contempt of itself.”
On Oct 10, it was reported that the prosecution would first seek the greenlight from Thomas on whether to file an application for leave to commence committal proceedings against Lokman. - Mkini
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