THE Kuala Lumpur High Court has struck out Muhammad Shafee Abdullah’s contempt case over his comments made on February 7 to reporters relating to Najib Razak’s SRC International Sdn Bhd case.

Justice Mohd Firuz Jaffril set aside the ex parte leave granted to commence contempt proceedings against Shafee on the grounds that the attorney-general did not comply with Order 52 of the Rules of Court.

Firuz also ruled that that there was a material non-disclosure of matters in the A-G’s application as well as the statement of facts.

He then awarded cost of RM30,000 to Shafee who was represented by David Matthews.

A-G Tommy Thomas was granted leave on March 1 to initiate contempt proceedings for the comments published by Malaysiakini’s video section, KiniTV.

In the video, when asked about Najib’s chances of success in the SRC International trial, Shafee told reporters at the Kuala Lumpur Court Complex: “Well, we have been preparing a long time. But there’s always, last minute, a lot of changes. That has been disturbed.”

“But we think our case is very good. If we have the judge alone, do not influence the judge, if the judge is straight, if witnesses are not coached, and not fabricated evidence, we should win. Much to your surprise. My opinion is we should win.” 

Senior federal counsels Alice Loke and Shamsul Bolhassan appeared for the A-G’s Chambers. 

Firuz, in his ruling, said the A-G’s application had failed to state the particulars of contempt when they alleged Shafee scandalised the courts and attempted to undermine public confidence in the judiciary.

The judge in fact said the complaint of Shafee scandalising the court was “clearly missing” in the application. 

In his application, Thomas had said Shafee knew or ought to have known that the offensive statements were contemptuous to the judge, and undermined the administration of justice and public confidence in the judiciary.

“The defendant knew or ought to have known the offensive statements would clearly place the trial judge in an embarrassing situation, and create a state of uncertainty about the fair and just determination of the criminal case.

“The words were uttered deliberately and with intent by the defendant in an attempt to pressure and influence the decision in that case.”

Under Order 52, those found guilty of violating court rules can be fined or jailed.

Shafee, 67, is Najib’s lead counsel in the SRC International trial where the former prime minister faces 7 charges. – July 31, 2019.