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Datuk Seri Ahmad Zahid Hamidi is pictured at the Kuala Lumpur High Court March 3, 2020. — Picture by Yusof Mat Isa

KUALA LUMPUR, March 3 — The High Court today decided 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 this morning listened to Zahid’s apology to the court over the “confusion and misunderstanding” yesterday 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 yesterday sought for the one-day postponement of the trial.

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“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,” Hisyam had said after having argued that the court could use the alternative option of accepting an 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 yesterday to seek for a one-day postponement of his trial.

“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 in Malay to the judge while standing up from the accused’s dock.

The controversy yesterday

Yesterday morning, the High Court allowed Zahid’s lawyers’ request to have the ongoing trial postponed to today, instead of resuming as scheduled yesterday to allow him to meet 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 yesterday only scheduled to meet the Chief Secretary to the Government and heads of government agencies, and that he did not have any scheduled meetings with political leaders yesterday.

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

The prosecution yesterday afternoon accused Zahid of making a “blatant lie” and intentionally misleading the court to get a day off, urging the court to initiate contempt proceedings against Zahid for allegedly lying to the court.

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

Zahid yesterday afternoon 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.

The judge had yesterday afternoon asked Zahid to produce the letter today in court, before the judge decides on whether to allow contempt proceedings against Zahid.

Today, Zahid said he could not produce both the invitation letter and the letter that verified his meeting with Muhyiddin’s political secretary, claiming that this was due to the political secretary not being officially appointed yet.

Yesterday 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, with the prosecution saying yesterday morning that it was ready to continue trial with five prosecution witnesses ready to testify.