KOTA KINABALU, July 29 — Semporna MP and Parti Warisan president Datuk Seri Mohd Shafie Apdal was convicted of contempt of court by the Sessions Court today and sentenced to five weeks' imprisonment over remarks relating to the Zara Qairina Mahathir case.
Judge Amir Shah Amir Hassan ruled that the Attorney-General, as the applicant, had established the contempt charge beyond a reasonable doubt.
In reaching this decision, the court applied the provisions of Section 99A and Paragraph 26 of the Third Schedule to the Subordinate Courts Act 1948.
The court further considered the mitigation submissions advanced by defence counsel and the representations made by the Deputy Public Prosecutors (DPP).
However, it granted a stay of execution of the custodial sentence pending the filing and disposal of an appeal to the High Court, notwithstanding objections raised by the prosecution.
“The Court is satisfied that the applicant has proven the Notice of Application in Enclosure 1 (contempt of court) beyond a reasonable doubt against the respondent and found the respondent to be guilty of contempt of court and he is convicted for the said offence,” said Judge Amir in his ruling.
Shafie was represented by lawyers Jakariya AB Jalil and Chen Ket Chuin, while DPPs Mohamad Mustaffa P. Kunyalam and Nadia Mohd Izhar led the prosecution.
The contempt proceedings arose from a show-cause notice issued by the Coroner's Court on September 22 last year, directed at Shafie over statements alleged to have interfered with the inquest proceedings.
Subsequently, on October 23, Coroner Amir Shah granted the Attorney-General leave to commence contempt proceedings against Shafie.
Zara, 13, died at Queen Elizabeth Hospital in Kota Kinabalu on July 17 last year, a day after she was found unconscious near a drain at her school dormitory in Papar.
