UMNO Supreme Council member Lokman Noor Adam today failed in his bid to set aside the leave obtained by Attorney-General Tommy Thomas to initiate committal proceedings against him for allegedly intimidating a witness in Najib Razak’s 1Malaysia Development Bhd (1MDB) case.

The case concerns Najib’s former special officer, Amhari Efendi Nazaruddin, one of the key witnesses in the trial.

High court judge Collin Lawrence Sequerah dismissed Lokman’s application to set aside the leave after the court was satisfied that the fact and the nature of the alleged contempt were sufficiently brought to the respondent – Lokman’s – attention.

“In fact, the act was consistence with the video interview and the lodging of the police report against the eighth prosecution witness (Amhari),” he said.

The judge also held the Notice to Show Cause pertaining to committal proceedings may be issued by other parties to the person for alleged contempt, other than the court.

“Therefore, the court dismisses the respondent’s application to set aside the leave,” he said.

During previous proceedings, Lokman’s counsel, Muhammad Shafee Abdullah, had submitted that the Notice to Show Cause was issued by the Legal and Prosecution Division of the Malaysian Anti-Corruption Commission (MACC) to his client.

However, he said the body has no power nor jurisdiction to do so – only the court does – to issue the notice and call for the respondent to provide an explanation on the alleged contemptuous action.

Sequerah set March 13 to hear the committal proceedings and fixed February 21 for case management.

The judge also dismissed Shafee’s request to stay the proceedings pending an appeal against today’s decision to the Court of Appeal.

Shafee told the court that he would file a certificate of urgency for the Court of Appeal to hear the appeal expeditiously.

On October 22, last year, Sequerah granted leave for Thomas to initiate committal proceedings against Lokman for contempt of court acts perpetrated on two occasions on September 25.

In the application, Thomas sought an order for Lokman to be committed to prison or be fined for his actions.

Thomas had said that on September 25, Lokman had, in a video interview, uttered words constituting an express or implied threat against Amhari for having given evidence against the accused in the former prime minister’s criminal trial at the high court.

Thomas had said he would play the said video recording at the hearing of the application for leave and at the hearing of the substantive motion in the event leave is granted.

He had said on that same day, Lokman had lodged a police report against Amhari concerning the evidence he gave at Najib’s trial.

The object or purpose of the respondent’s said actions was to harass and intimidate Amhari, other witnesses and any potential witnesses who may come forward to give evidence against the accused in the trial, Thomas had said. – Bernama, January 14, 2020.