Albert seeks to cite Hajiji for contempt after being denied entries into Sabah

Businessperson Albert Tei has filed an application to cite interim Sabah Chief Minister Hajiji Noor for contempt of court after he was denied entry into the state to appear for his criminal case proceedings twice.

Court documents sighted by Malaysiakini showed that the application was filed at Kota Kinabalu Sessions Court today via Messrs Chin Jingulam & Associates, and it will be heard on Nov 24.

In his supporting affidavits, Tei claimed the immigration officers told him that the order had come directly from Hajiji’s office or via the respondent’s officers when he was stopped upon arrival at Kota Kinabalu International Airport on two separate occasions on Sept 22 and Oct 23.

He was scheduled to appear in court on Sept 23 and Oct 24.

On the first occasion, Tei said he was finally allowed entry for two days, between Sept 22 and 24, upon the officers’ discretion, after he adhered to their request in submitting documents related to his criminal case to the state’s Immigration Department via email.

While on the second occasion, he claimed that he was again stopped at the airport upon his arrival, and he was informed that his name is on a “Not to Land” list issued under the authority of the Chief Minister’s Office.

“The respondent’s (Hajij) act of directing and causing the continuation of the entry ban and restricting the applicant’s (Tei) lawful entry to prevent his attendance in court, and violating his right (to seek legal counsel) constitutes a deliberate interference with the due administration of justice.

“(This also) undermines the authority and sanctity of the court and therefore amounts to contempt of court.

“The respondent’s directives or interference with due administration of justice violates (several of) the applicant’s fundamental rights guaranteed under the Federal Constitution, including the right to a fair trial and access to justice (as well as the) right to be presumed innocent until proven guilty,” said the document.

Dangerous precedent

Tei alleged that such interference, whether directly or indirectly, strikes at the very foundation of judicial independence and the rule of law.

He further said that unless Hajiji is held accountable, such conduct, if left unchecked, will set a dangerous precedent that may enable executive interference with judicial proceedings and constitutional rights violations under the pretext of administrative discretion.

Yesterday, the Immigration Department told Malaysiakini that Tei was turned away because he allegedly told officers that he came to Sabah for sightseeing and to meet friends.

The department also said that Tei did not provide any documents on being summoned to court, prompting the airport’s immigration office to issue him an entry refusal notice due to the active alert notice.

Tei is facing two corruption charges at the Kota Kinabalu Court, where he was accused of offering bribes to incumbent Tanjung Batu assemblyperson Andi Suryady Bandy and incumbent Sindumin assemblyperson Yusof Yacob.

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