KOTA KINABALU: The businessman who accused senior members of the Gabungan Rakyat Sabah (GRS) leadership of graft has applied for a contempt of court order against caretaker Chief Minister Datuk Seri Hajiji Noor for allegedly ordering Immigration to block his entry into the state.
Albert Tei Jiann Chieng, who needs to enter Sabah for his trial in connection with the mining licensing scandal, has filed an ex-parte application to cite Hajiji for allegedly using state Immigration powers to block him from attending court here.
ALSO READ: Two Sabah assemblymen, businessman claim trial over RM350,000 mining bribe case
Kota Kinabalu Sessions Court judge Jason Juga is expected to hear the case on Nov 24.
Tei filed an ex parte application seeking leave to initiate committal proceedings against Hajiji under Order 52, Rule 3 of the Rules of Court 2012 for interfering with the administration of justice.
In the affidavit filed by Chin Jingulam & Associates, Tei argued that the restriction violated Articles 5 and 8 of the Federal Constitution, which protect personal liberty, equality before the law, and the right to counsel.
Tei is seeking orders for Hajiji to be committed to prison or fined if found guilty of contempt and to issue an unqualified apology to the court.
Tei claimed that he was denied entry into Sabah twice – on Sept 22 and Thursday (Oct 23) – despite being legally required by his bail conditions to attend proceedings before judge Jason.
ALSO READ: State govt has absolute power to decide who can enter Sabah, says Hajiji
Tei alleged that Immigration officers told him the "not-to-land" order originated from the Chief Minister’s Office, thus preventing him from appearing in court and also from meeting his lawyers.
In his affidavit, Tei said Hajiji’s action "demonstrates a clear and deliberate disregard for the sanctity of the court."
Under Section 66 of the Immigration Act 1959/63, Sabah and Sarawak possess special autonomy to regulate the entry of non-residents, including Malaysians from the peninsula, and declare an individual persona non grata.
However, Tei, through his counsel, has challenged the state’s discretion to bar an accused person from fulfilling a court-ordered obligation.
ALSO READ: MACC opens investigation following Albert Tei revelations on mining scandal
He said it amounts to executive interference with the judicial process, undermining the right to a fair trial.
On June 30, Tei claimed trial to two charges of giving a total of RM350,000 in bribes to two assemblymen in connection with mineral prospecting licence applications in Sabah.
He is accused of giving RM150,000 and RM200,000 in bribes to state Assistant Industrial Development and Entrepreneurship Minister Andi Suryady Bandy and Sindumin assemblyman Dr Yusof Yacob, respectively.
The two assemblymen were also charged with receiving bribes.
