Court of Appeal upholds jail time for Lokman in contempt case

The Court of Appeal affirmed the one-month jail sentence against Lokman Noor Adam for contempt linked to former premier Najib Abdul Razak’s ongoing RM2.28 billion 1MDB corruption trial.

The three-person bench chaired by Kamaludin Md Said this morning unanimously dismissed the former Umno supreme council member's appeal to set aside the committal ruling as well as a custodial sentence.

The panel, which includes judges Nordin Hassan and Che Mohd Ruzima Ghazali, dismissed the prosecution's appeal to enhance the jail sentence imposed by the Kuala Lumpur High Court on July 15 last year.

However, the bench allowed an application by Lokman's counsel Muhammad Shafee Abdullah for a stay of execution of the jail sentence pending an appeal to the Federal Court. The prosecution, headed by Mohd Dusuki Mokhtar, did not raise objection against the stay.

On that date, 1MDB trial judge Collin Lawrence Sequerah found Lokman (above) to be in contempt and sentenced him to one month in jail over the politician’s alleged threat against Najib’s former special officer Amhari Efendi Nazaruddin.

Amhari was the eighth prosecution witness in Najib’s 1MDB graft trial.

The prosecution contended that Lokman’s threat was made via a police report lodged at 3.24pm on Sept 25, 2019, as well as a media statement he issued at 6.33pm the same day and recorded in video format.

In the verdict read out by Ruzima today, the bench ruled that the High Court had not erred in making the committal finding as well as sentencing.

Ruzima said that the police report here does not accord absolute privilege to Lokman due to the wording of a portion of the said report.

The judge pointed out that the way this part of the police report - which raised the allegation that Najib was subjected to selective prosecution and that certain others allegedly involved in the 1MDB affair got off scot-free without being hauled to court - was referring to Amhari.

Lokman’s statement amounted to warning

Ruzima noted that Lokman’s media statement - whereby the appellant read out his police report as well as made comments about the 1MDB trial - amounted to a warning against Amhari, among other prosecution witnesses.

“There has been no error committed by the High Court judge when finding the appellant had disturbed the administration of justice.

“We unanimously find no merit in the appellant’s appeal,” Ruzima said as Lokman, clad in a pale cream suit and dark blue tie, stood and looked on from the dock.

The Court of Appeal judge noted that the bench finds the lower court’s sentence of one month in jail was neither excessive nor contravened the principles of sentencing.

“The High Court judge had taken into account the seriousness of the act committed as well as public interest and other factors when imposing the sentence.

“We unanimously find the High Court’s sentencing was appropriate and reasonable,” Ruzima said.

On Aug 17, in relation to the separate ongoing corruption trial of former deputy prime minister Ahmad Zahid Hamidi involving millions of ringgit in funds from Yayasan Akalbudi, trial judge Sequerah also issued a final warning against Lokman for alleged contempt in that case.

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