The coroner for the ongoing Teog Beng Hock inquest - Azmil Muntapha Abas - has allowed the attorney-general to intervene in an application by Teoh Beng Hock's brother, Meng Kee, to cite Minister in the Prime Minister's Department Nazri Abdul Aziz for contempt, at the Shah Alam's Coroner's Court today.

coroner court teoh beng hock inquest visit macc 070809 azmil muntapha 02.jpg Azmil ( right ) said based on case law, this had been done in the past and that there was nothing wrong in the lateness of the AG in filing the application as it is within the Subordinate Court Rules.

"The intervener's application is allowed due to public interest. I was about to give my decision on Meng Kee's application for leave yesterday when the AG applied to intervene.

"Looking at the Subordinate Court Rules, any application can be made during a proceeding. Hence, I will allow the application to grant leave for the AG to intervene."

Senior federal counsel Amarjeet Singh, representing the Attorney- General's Chambers, earlier submitted that it wanted to intervene as this case and the contempt application, is of public interest.

Amarjeet said the AG had in the past applied to intervene and this was allowed by the courts as the AG is the guardian of public interest. "Based on this reason, this application should be allowed," he argued.

Senior counsel Karpal Singh for Teoh's family objected saying the application was made at the 11th hour and was a mala fide application and should be disallowed.

NONE Amarjeet countered by submitting that the AG can participate at any stage of the proceedings.

"Since this is an ex parte application, the documents were not filed with the AG's Chambers.

"It is only after we heard of this application being made that we decided to intervene."

Amarjeet said the AG opposed, and wanted, the leave application to be dismissed as the application was based on heresay.

Karpal ( left) had applied for leave  to initiate contempt proceedings following Nazri's comments alleging that Thai pathologist, Dr Pornthip Rojanasunand was a liar .

Karpal also referred to Meng Kee's affidavit where Nazri was quoted by Malaysiakini  as having that he stood by what he (Nazri) had said.

"Where was the AG then. Only now they want to intervene. It is a mala fide application done at the eleventh hour before the court was about to deliver its judgment," he said.

The senior lawyer said the AG's application was not a proper one and hence, should be dismissed.

Two new affidavits

Following today's decision, Meng Kee's motion is back to square one as initially what was supposed to be an ex-parte (one party) application has become an inter-parte (more than one) matter.

Karpal would again have to submit on why leave (permission) should be granted by the court to initiate contempt proceedings against Nazri.

A short exchange between Amarjeet and Karpal ensured after the decision, following revelations that Karpal had filed two other affidavits to support the matter.

Amarjeet said: "You have objected to the AG's application for coming at the eleventh hour but yet you filed new affidavits.

"It is like pulling the carpet under us," he said.

But Karpal replied that since this has become an inter-parte application, he would have to submit additional affidavits.

teoh family sue macc officer intimidate prontip 050110 teoh meng kee The two new affidavits filed today were the new one by Meng Kee ( left ) and another by Malaysiakini journalist Hazlan Zakaria.

Meng Kee's affidavit states the words said by the minister as reported in Malaysiakini and also what Nazri had said outside Parliament's lobby when challenging Karpal to cite him for contempt.

The affidavit affirmed by Hazlan states that he interviewed Nazri via telephone on April 11, between 10am and 12pm, during which the minister had called the Thai pathologist 'a liar'.

Coroner Azmil fixed May 6 for the court to hear submissions on whether to grant leave (permission) for Meng Kee's motion to initiate contempt proceedings against Nazri.

The AG's Chambers may then submit an affidavit-in-reply to object to Meng Kee's application, or support Nazri.

When contacted, lawyer Malik Imtiaz Sarwar, representing the Selangor government and Pornthip, said he could not understand the AG's intention to intervene.

"If the AG intervenes, does it mean the cabinet also approves of what Nazri had said about Dr Pornthip? This is a serious allegation made by the minister on our witness," he said.