KUALA LUMPUR — Malaysia's High Court decided on Tuesday (March 3) that Datuk Seri Ahmad Zahid Hamidi has not been shown to have been in contempt of court, but also gave a general warning that any attempt to mislead the court would be punished.

High Court judge Collin Lawrence Sequerah listened to Zahid’s apology to the court on Tuesday morning over the “confusion and misunderstanding” on Monday, related to his seeking of a one-day postponement of his corruption trial.

The High Court judge said he accepted Zahid’s lawyer Hisyam Teh Poh Teik’s explanation that the misunderstanding arose due to the miscommunication between Zahid and his lawyers, and the wrong choice of words used when Zahid’s lawyers sought a one-day postponement of the trial on Monday.

“The decision of the court, after hearing the explanation given by the accused, and after hearing the learned counsel for the accused and considering the submissions from the learned public prosecutor, I accept there may have been a miscommunication given between the instructions between the accused and counsel.

“I also accept there may have been a wrong choice of words when seeking adjournment and this may have generated misunderstanding.

“I also take into account the sincere apology by the accused that there was a misunderstanding. And of no less importance was the undertaking by the accused’s counsel that this would not occur again I find no case for contempt to be made out,” the judge said.

While finding no case of contempt of court against Zahid, the judge however issued a general warning.

“As a general statement and warning, this court wishes to make it clear that the court will not tolerate any attempt to mislead. Should there be any hint of attempts to mislead the court or contemptuous conduct, this court makes it abundantly and crystal clear that it will not hesitate to impose fine or imprisonment,” the judge said.

The judge delivered his decision after the court stood down for about 20 minutes, following Zahid’s apology as well as arguments presented by his lawyer and the prosecution.

Before the court stood down, Zahid’s lawyer Hisyam Teh Poh Teik had assured that this incident would not recur.

“My Lord, the accused person has apologised for the whole confusion, whole misunderstanding it takes great humility for the accused person to make an apology in open court.

“Very certain that this will never happen again. An apology is good enough,” Mr Hisyam said, after arguing that the court could accept the apology instead of citing Zahid for contempt.

Earlier, Zahid had read out a handwritten note of apology that he had prepared, stating that he had no intention to mislead the court over his reason to seek for a one-day postponement of his trial on Monday.

“Yang Arif, I agree with all the explanations given by my learned lawyer and I openly apologise for this confusion and misunderstanding.

“And I don’t intend at all to mislead this court, and I am very respectful of Yang Arif and respectful of this honourable court. Once again I apologise for the confusion,” he said to the judge while standing from the accused’s dock.

THE CONTROVERSY YESTERDAY

On Monday (March 2), the High Court allowed Zahid’s lawyers’ request to have the ongoing trial postponed to Tuesday, instead of resuming as scheduled. This was to allow him to meet Malaysian Prime Minister Tan Sri Muhyiddin Yassin for negotiations to form a new Cabinet.

At that time, Zahid did not present any documents during the court proceedings to back his reason for seeking the postponement of the trial.

But the Prime Minister’s Office subsequently issued a statement to say that Muhyiddin was only scheduled to meet the Chief Secretary to the Government and heads of government agencies on Monday, and that he did not have any meetings with political leaders scheduled..

Following the Prime Minister’s Office’s statement, the High Court called the case up for mention in the afternoon to seek clarification over the matter.

The prosecution accused Zahid of telling a “blatant lie” and intentionally misleading the court to get a day off. They urged the court to initiate contempt proceedings against Zahid for allegedly lying to the court.

Zahid’s lawyer Hisyam Teh Poh Teik told the judge that the defence had never intended to deceive or mock the court, asserting that his client did attempt to meet Mr Muhyiddin on Monday. Howevver, Zahid was unable to do so as the prime minister was rushing to Muar, Johor, and that he met with Mr Muhyiddin’s aide instead.

Zahid also told the court that he did receive a letter from the Prime Minister’s Office requesting him to present himself at around 12.30pm for a discussion.

Monday was initially scheduled to be the 19th day of Ahmad Zahid’s trial involving 47 charges related to alleged bribery, criminal breach of trust and money laundering. The prosecution had said on Monday morning that it was ready to continue the trial with five prosecution witnesses ready to testify. MALAY MAIL