Lokman Noor Adam’s legal team today argued that the attorney-general’s application to cite the Umno politician for contempt is riddled with flaws and should be struck out.
Attorney-General Tommy Thomas is seeking a court order for the Umno Supreme Council member to be sent to jail or fined for contempt for allegedly threatening the Najib Razak trial witness, Amhari Efendi on September 25 last year.
Amhari was the special officer to the accused in the case over the defrauding of 1Malaysia Development Bhd.
Lokman’s lawyer Muhammad Shafee Abdullah today argued that cause papers filed by the attorney-general had failed to provide the specific provision empowering the high court to commence committal proceedings against Lokman.
The cause paper omitted to mention Section 13 of the Courts of Judicature Act 1964, the lawyer told Kuala Lumpur High Court judge Collin Lawrence Sequerah, who also presides over the Najib trial where the accused faces 25 criminal charges.
Shafee, who also represents Najib in the trial, said the notice to issue the show cause was flawed because it was issued by the legal and prosecution division of the Malaysian Anti-Corruption Commission.
Shafee argued that only the high court has the power and jurisdiction to issue the notice to show cause and call the respondent to provide for an explanation on the alleged contemptuous action.
The lawyer said the attorney-general also failed to adequately provide details and material facts as to Lokman’s alleged contemptuous action.
He said the allegations of contempt were vague and did not reveal any acts constituting contempt.
“(It) fails to particularise what were the exact words (and actions made) by the respondent which amounted to intimidation of witnesses that constitutes interference with the due administration of justice,” said Shafee.
Shafee added that the identity of the videographer who recorded the interview was not disclosed.
He said there must be strict compliance of rules in contempt proceedings, saying “the alleged contemnor has to know clearly what is being alleged against him and has every opportunity to meet those allegations.”
Sequerah said he would rule on Tuesday.
Lokman, who was present in court today, did not speak to the press.
The attorney-general said Lokman, in a video interview, “uttered words constituting an express or implied threat” against witness Amhari for giving evidence in the Najib trial.
On the same day, Lokman lodged a police report against Amhari.
Thomas said Lokman intended to harass and intimidate Amhari and other witnesses as well as any potential witnesses who might come forward to give evidence against the accused in the trial. – TMI