Kota Kinabalu: The contempt of court proceedings involving Parti Warisan President Datuk Seri Mohd Shafie Apdal, in relation to his alleged remarks regarding the inquest into the death of Zara Qairina Mahathir, have been stayed pending the outcome of a judicial review seeking to halt the inquest.
Sessions Court Judge Amir Shah Amir Hassan made this decision after partly allowing a preliminary objection raised by Shafie’s counsel against a committal application for contempt of court filed against him.
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However, the court dismissed Shafie’s preliminary objection regarding whether the Sessions Court or the Coroner’s Court was the proper forum to hear the contempt proceedings.
The court set March 27 for further mention via Zoom to update the status of the JR, with Shafie’s attendance dispensed with.
During the proceedings on Wednesday, two preliminary objections (PO) were raised by Shafie (respondent).
These objections were regarding the different forum that granted the order for the commencement of committal proceedings, and the issue of jurisdiction.
In delivering the ruling, the court stated that it had carefully considered the objections and provided the following findings:
“Firstly, on the issue of the different forum granting the order to commence committal proceedings, as the order was granted in the Sessions Court of Kota Kinabalu and not by the Coroner’s Court in Papar, where the inquest is conducted, the court respectfully views that this objection was flawed.
“This was a mere technical error that did not reach the level of illegality. The respondent’s claim that the committal proceedings are irregular, flawed, and fatally defective has no basis in law, even though I acknowledge the authorities cited by the learned counsel.
“As far as the applicant is concerned, the order was made ex parte, but with the leave of the court, where the presiding judge is the same for both the inquest and the committal proceedings.
“Thus, I dismiss the first point of the PO.”
“Secondly, on the issue of lack of jurisdiction, while I respect our local law, I am of the view that any written law applicable should be followed, including both Federal and State laws.
“As for the inquest into Zara’s death, I am not saying which statute should prevail at this stage, as the issue is still to be decided by the High Court in the JR.
“However, since this is a contempt or committal proceeding arising from the inquest, and since there is no doubt that the Sessions Court has the power or jurisdiction to punish for contempt, I believe that the committal proceedings should be stayed pending the outcome of the JR.”
The judge added, “The argument is straightforward. Committal proceedings, as the name suggests, have penal consequences.
“Proceeding with these proceedings when there is an ongoing conflict between federal and state law, which is still pending in the High Court, would amount to justice hurried.
“And when justice is hurried, it is akin to justice being buried. Therefore, I am of the opinion that the committal proceedings should be stayed until the High Court decides on the JR.”
He further noted that Shafie, as an elected representative at both the Federal and State levels, was not considered a flight risk.
The decision to delay the committal proceedings would not affect the inquest, which would continue as planned.
The court allowed the second point of the PO in part, staying the committal proceedings pending the outcome of the JR concerning the applicability of the Inquest Ordinance.
However, the stay applied only to the committal proceedings and not the inquest itself.
Deputy Public Prosecutor (DPP) Mohamad Mustaffa P. Kunyalan, along with DPP Christopher Enteri, represented the prosecution, while counsel Chen Ket Chuin KC, along with counsels Jakariya Ab Jalil and Batholomew Jingulam, defended Shafie.
On November 21, 2025, a non-governmental organisation (NGO) filed the JR at the High Court, seeking to quash the inquest into Zara’s death on the grounds that it was conducted under the wrong law.
Pertubuhan Kebajikan Ekonomi Semangat Bersatu Malaysia (Pembela), led by Datuk Seri Mohammad Jeffry Rosman, argued that Sabah has its own Inquest Ordinance 1959, which should have been applied instead of the federal Criminal Procedure Code.
Jeffry contended that the State law remained valid and contained specific safeguards, including provisions for a Coroner to summon a jury with half its members from the same race as the deceased.
He claimed that these safeguards were overlooked in Zara’s inquest, rendering the proceedings procedurally improper and contrary to Sabah’s legal framework.
