The Court of Appeal has fixed Oct 15 to hear an appeal and stay of a three-month jail sentence imposed on Election Commission returning officer for Rantau state seat, Amino Agus Suyub, handed down by the Election Court on Wednesday for contempt of court.

The court fixed the date after Amino's lawyers from the firm of Shearn Delamore filed the notice of appeal and motion of stay of the sentence yesterday.

This comes after Justice Azimah Omar found him guilty of contempt for coaching the next witness in the Rantau election petition trial and handed down the prison sentence.

Amino, who is also Rembau district officer, was said to have coached his assistant returning officer, Daing Muhammad Rahimi, last week during the hearing by sending text messages describing how he was questioned and how Daing was to answer.

A copy of the notice of appeal and motion was sent to Sreekant Pillai, the lawyer for PKR candidate Dr S Streram (photo below) and Rafique Rashid Ali, along to the lawyers' firm of Wan Aisha, Hafarizam and Mubarak appearing for former Negeri Sembilan menteri besar Mohammad Hassan.

Streram filed the petition after he was not allowed to submit his nomination papers at the centre on April 28.

Amino in his affidavit in support said that he had on Oct 2 sent a news report on the court proceedings to Daing that night.

The next day, Amino said he sent a message to Daing at 8.42am as he was about to continue his testimony.

Daing, who was the next witness that same day for cross-examination, said he last communicated with Amino the night before and this resulted in the lawyer verifying the exchange, after which he was issued a show-cause on Oct 10.

Amino in the affidavit said he had problems understanding the charge of contempt against him as he did not have the particulars of the purported act. Despite this, he apologised to the court.

Nevertheless, he said the court found him guilty of contempt.

Large family to support

Amino said the there were special circumstances for being given the stay as he claimed he was not given time to prepare his defence and the sentence meted out on him could see him being sacked from the civil service.

He added that the Public Services Department has already asked for details of his charge for him to undergo disciplinary proceedings. The returning officer said a jail sentence - if a stay was not given - would prejudice him and his family as he is supporting his seven children, the youngest a one-year-old toddler.

Amino claimed that he did not intend to commit contempt by giving directions (or coaching) and that the judge did not consider the reason he forwarded the news portal's report, which was only to highlight that he had been misquoted.

He added that the judge failed to consider that he had no intention to give directions to any other witness or to coach or disrupt the court proceedings.

The returning officer further said that a stay of his sentence pending appeal would not prejudice anyone.