Good behaviour bond laid on Umno leader in 1MDB-linked case

• UPDATED 1.50PM | Added court’s consideration of sentence after Lokman’s apology.

• UPDATED 1.08PM | Added Lokman’s apology to the court.

Lokman Noor Adam got a one-year good behaviour bond over a contempt case against him linked to the ongoing RM2.27 billion 1MDB corruption trial of ex-prime minister Najib Abdul Razak.

A three-person Federal Court chaired by judge P Nallini, in a unanimous decision, partly allowed the Umno supreme council member’s appeal against his one-month jail sentence.

The sentence was linked to a threat against a prosecution witness, Najib’s former special officer Amhari Efendi Nazaruddin.

In 2021, the Kuala Lumpur High Court found Lokman guilty of contempt and sentenced him to a month in jail. However, the court allowed a stay of execution on the sentence, pending appeal.

In 2022, the Court of Appeal dismissed Lokman’s appeal.

Today’s ruling by the apex court bench - also comprised of member-judges Rhodzariah Bujang and Abu Bakar Jais - in effect set aside the initial one-month jail term.

The ruling followed on the heels of Lokman earlier today giving an unreserved apology before the apex court.

Lokman’s apology

“I humbly apologise to this honourable court for the lodging of the police report that contained my comment on the credibility of witness Amhari and for the issuance of the press statement while the (1MDB) trial was ongoing.

“Now I realise my action not only amounted to attacking the integrity of the Attorney-General’s Chambers (AGC) but also an action that threatened the witness and disturbed the process of the administration of justice.

“I truly regret and insaf (repent) and meant no intent to insult the court. Therefore, I wholeheartedly apologise unreservedly to Your Honours, the AGC, the prosecution who conducted the case, the court, and all parties involved, and I promise that this incident will not be repeated.

“I truly promise that when I again enter the court, I will abide by the set rules. I will not take any action that is against the law and will not issue any wrong statement during trial.

“I humbly plead for this honourable court to accept my apology,” Lokman told the bench.

Court considers

Nallini then said the apex court needed to consider a material change of circumstances, namely the extensive and unreserved apology tendered by Lokman earlier today.

“Having considered the remorse expressed by the appellant and coupled with the broad and extensive undertaking he has given not to repeat such behaviour again in the body of the apology, we are of the view that the sentence of imprisonment may not be the most appropriate punishment to mete out, given this change.

“From the appeal records and the judgments handed down by the courts below, it is evident that the failure of the appellant to immediately tender his apology and express his remorse contributed considerably to the sentence imposed by the lower courts.

“We have also given consideration to the fact that the issuance of an apology in itself does not exonerate a contemnor in every case. However, it does have an impact on the sentence to be imposed,” she said.

The apex bench then set aside the one-month jail sentence and substituted it with a bond of good behaviour for a term of one year.

The panel reminded Lokman that if he repeats the contempt or breaches the terms of his apology, he will be recalled to the apex court and be sentenced.

Through the committal application, 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.

Lokman was represented by counsel Muhammad Shafee Abdullah and Alaistair Brandah Norman.

The AGC’s appellate and trial division head Mohd Dusuki Mokhtar acted for the prosecution.

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