KOTA KINABALU: The Sessions Court has dismissed businessman’s Albert Tei’s ex-parte application for leave to commit caretaker Chief Minister Datuk Seri Hajiji Noor for contempt of court after he was barred from entering Sabah to attend his court hearing.
Kota Kinabalu Sessions Court Judge Zaini Fishir Fisal made the ruling after hearing submissions from Tei's lawyer Edward Paul and Sabah Attorney General Datuk Brenndon Keith Soh together with Roland Alik, who represented Hajiji.
Tei had earlier filed the application for leave under Order 52, Rule 3 of the Rules of Court 2012 [“O52 ROC 2012”] to cite the caretaker Chief Minister of Sabah for contempt of court, alleging that the state’s immigration powers were used to block his entry and prevent him from attending his corruption trial.
The state opposed the application as misconceived and bad in law in their submissions and was an abuse of the court’s process, wholly devoid of any factual or legal basis.
The Sessions Court Judge decided in favour of the caretaker Chief Minister based on the preliminary objection and dismissed Tei’s application.
Soh said that the decision reflects the court’s clear affirmation that the contempt jurisdiction must not be invoked lightly or used for purposes unrelated to the proper administration of justice.
