by Theleaders | November 26, 2025 6:01 pm
KOTA KINABALU, Nov 26 — The Sessions Court today dismissed an ex parte bid by businessman Datuk Albert Tei Jiann Chieng to initiate contempt proceedings against caretaker Sabah Chief Minister Datuk Seri Hajiji Noor, ruling that the application was legally flawed and improperly brought.
Judge Zaini Fishir @ Fisal made the decision after hearing submissions from Tei’s counsel Edward Paul, as well as Sabah Attorney General Datuk Brenndon Keith Soh and Roland Alik, who appeared on behalf of Hajiji.
Tei, who is currently facing bribery charges, had sought to cite Hajiji for contempt under Order 52 Rule 3 of the Rules of Court 2012, alleging that Sabah immigration authorities had wrongfully barred him from entering the state — a move he claimed prevented him from attending his own trial.
However, the State Attorney General’s Chambers raised a preliminary objection, arguing that Tei’s application was fundamentally misguided.
According to Soh, Order 52 governs civil proceedings and does not apply to criminal matters. Since Tei is an accused person in ongoing criminal proceedings, he lacked the legal standing to initiate contempt action in a separate court.
He further submitted that under Article 145(3) of the Federal Constitution and Section 376 of the Criminal Procedure Code, only the Federal attorney general, represented by the DPP, has the authority to control and direct criminal prosecutions — including any contempt applications arising from criminal cases.
“An accused person is not the proper applicant to commence contempt proceedings in a different court. That role lies with the prosecution,” the State Attorney-General’s Chambers said in its submission.
The court also heard arguments that the application was filed in bad faith and amounted to an abuse of the court process.
After considering the submissions, Judge Zaini ruled in favour of the caretaker Chief Minister and dismissed Tei’s application on the grounds of the preliminary objection.
In a statement issued after the ruling, Soh said the decision underscores the principle that the contempt jurisdiction “must not be invoked lightly or used for purposes unrelated to the proper administration of justice.”
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