KOTA KINABALU: The Sessions Court has dismissed businessman Albert Tei’s ex-parte bid to seek leave for committal proceedings against caretaker Chief Minister Datuk Seri Hajiji Noor, according to State Attorney-General Datuk Brenndon Keith Soh on Wednesday.
Soh said Judge Zaini Fishir @ Fisal made the ruling after hearing submissions from Tei’s counsel Edward Paul and the State Attorney-General’s Chambers, which appeared together with Roland Alik for the caretaker Chief Minister.
He said Tei’s application, filed under Order 52 of the Rules of Court 2012, alleged that state immigration powers were misused to prevent him from entering Sabah to attend his corruption trial.
According to Soh, the State raised a preliminary objection arguing that the provision invoked applies only to civil matters, and that contempt proceedings in criminal cases fall under the control of the Federal Attorney General and the Deputy Public Prosecutor.
He said the court accepted these arguments and ruled that Tei was not the proper party to initiate such action, adding that the decision underscored the need for contempt powers to be used strictly within their proper legal framework.
