PUTRAJAYA, July 1 ― The Federal Court here today imposed a bond of good behaviour for one year on Umno supreme council member Datuk Lokman Noor Adam for contempt of court involving the 1Malaysia Development Berhad (1MDB) case.
When delivering the unanimous decision, Justice Tan Sri Nallini Pathmanathan, who presided with Datuk Rhodzariah Bujang and Datuk Abu Bakar Jais, also allowed Lokman Noor's appeal to set aside a one-month jail sentence after the appellant made an apology in open court.
“Having considered the remorse expressed by the appellant and coupled with the broad and extensive undertaking he has given not to repeat such behaviour in the body of the apology, we are of the view that the sentence of imprisonment may not be the most appropriate punishment to mete out, given this change,” Justice Nallini said.
The judge said from the appeal records and the judgments handed down by the courts below, it is evident that the appellant’s failure to immediately tender his apology and express his remorse contributed considerably to the sentence imposed by the lower courts.
“We have also given consideration to the fact that the issuance of an apology in itself does not exonerate a contemnor in every case. However, it does have an impact on the sentence to be imposed.
“We, therefore, order that the sentence of imprisonment of one month be set aside and be substituted with a bond of good behaviour for a term of one year, meaning that in the event the appellant repeats the contempt, then he will be recalled to this court and sentenced for breach of such bond,” she said.
Justice Nallini said it is trite under the law of contempt that the intimidation of a witness before or after he gives evidence undermines the administration of justice.
“This is because justice cannot be administered if witnesses do not come forward to testify. If they are scared to do so, then the wheels of the courts and the justice system would be adversely affected. As the appeal against conviction is not being pursued, the conviction is affirmed, namely that the conduct in question amounts to criminal contempt,” she said.
The panel also noted that the lower courts imposed an imprisonment of a month because the appellant showed no remorse over his actions and neither did he apologise, she said.
“Today, however, the appellant has tendered a full and unreserved apology which fully indicates his remorse and repentance. He has gone on to undertake not to repeat such behaviour,” she added.
Earlier, Lokman Noor, 51, apologised for his action of filing a police report containing his comments regarding the credibility of the main witness in the case against former prime minister Datuk Seri Najib Razak involving 1MDB funds, namely Datuk Amhari Efendi Nazaruddin, and issuing a press statement when the trial was going on.
Lokman Noor said he now realised that his action and comments constituted not only an attack on the integrity of the Attorney General's Chambers but also an act of intimidating a witness and thus interfering with the administration of justice.
“I deeply regret and have repented. I had no intention of insulting the court. Therefore, I sincerely and unconditionally apologise to Your Lordship, the Attorney General's Chambers, the prosecution handling the case, the court, and all parties involved, and I promise that this will not happen again.
“I solemnly promise that whenever I enter the court, I will adhere to the established rules. I will not take any action that is against the law and will not make any incorrect statements throughout the trial proceedings. I humbly ask this court to accept my apology,” he said while reading out his apology before the three-judge panel.
Lokman Noor was represented by counsel Tan Sri Muhammad Shafee Abdullah and Alaistair Brandah Norman while deputy public prosecutor Datuk Mohd Dusuki Mokhtar acted for the prosecution.
On July 15, 2021, Judge Datuk Collin Lawrence Sequerah sentenced Lokman Noor to one month in prison after he was found guilty of contempt of court for threatening Amhari Efendi, who is also Najib's former special officer.
On October 26, 2022, the Court of Appeal upheld the one-month prison sentence against Lokman Noor after rejecting his appeal to set aside the conviction and sentence, as well as the prosecutor's cross-appeal to increase the Kuala Lumpur High Court sentence of 2021. ― Bernama
