PROSECUTORS in Muhammad Shafee Abdullah’s contempt case argue that their leave application should not be set aside as the case against the Umno lawyer is straightforward.

Deputy public prosecutor Alice Loke told the Kuala Lumpur High Court today that the crux of Shafee’s comments published by Malaysiakini on February 7 “clearly” scandalised the courts and was an attempt to undermine public confidence in the judiciary.

Shafee was present at today’s hearing presided over by Justice Mohd Firuz Jaffril. The prominent Umno lawyer, who is currently lead counsel for former prime minister Najib Razak, is seeking to set aside the leave application to start contempt proceedings, saying the prosecution’s case had little to go on other than allegations of mens rea, or criminal intent.
   
Loke said Shafee’s assertions did not constitute valid grounds to strike out the ex parte order granting leave to commence committal proceedings.

“In the present case, the statement (uttered by Shafee) goes further to expressly include the ingredient of contempt by scandalising the court, by describing the offending words as ‘contemptous to the judge and would undermine the administration of justice and public confidence in the judicial system in Malaysia’,” she said. 

The hearing aimed to determine whether Shafee should be cited for contempt over comments made about Najib’s SRC International case.

Attorney-General 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 his 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.”

Meanwhile, Loke also argued against the defence’s contention that the contempt case must be heared before Justice Mohd Nazlan Mohd Ghazali, as he is the presiding judge over two of Najib’s criminal cases. 

“The real issue is whether this court (before Firuz) can hear this contempt case,” she said, adding that the jurusdication of that court to hear the case is provided for under Article 126 of the federal constitution and Section 13 of the Courts of Judicature Act 1964.

Shafee’s lawyer, David Matthews, will make his submission on June 21. – June 14, 2019.