PUTRAJAYA: Datuk Lokman Noor Adam escaped prison time after the Federal Court here set aside his one-month jail sentence and substituted it with a good behaviour bond for contempt of court in connection with Datuk Seri Najib Razak’s 1Malaysia Development Bhd (1MDB) case.
On Monday (July 1), a three-judge panel chaired by Justice P. Nallini allowed Lokman’s appeal to set aside his prison sentence after the Umno supreme council member made an apology in open court.
Other judges on the panel were Justices Rhodzariah Bujang and Abu Bakar Jais.
Justice Nallini said the court considered the remorse expressed by the appellant and his extensive undertaking that he would not be repeating such behaviour.
“We are of the view that the sentence of imprisonment may not be the most appropriate punishment to mete out, given this change," Justice Nallini said.
The judge also said that based on the appeal records and the judgments handed down by the courts below, it was clear that the appellant’s failure to immediately tender his apology and express his remorse contributed to the sentence imposed.
"We have also given consideration to the fact that the issuance of an apology in itself does not exonerate a contemnor in every case. However, it does have an impact on the sentence to be imposed.
"We, therefore, order that the sentence of imprisonment of one month be set aside and be substituted with a bond of good behaviour for a term of one year, meaning that in the event the appellant repeats the contempt, then he will be recalled to this court and sentenced for breach of such bond," Justice Nallini said.
She said it was trite under the law of contempt that the intimidation of a witness before or after he gives evidence undermines the administration of justice.
"Justice cannot be administered if witnesses do not come forward to testify. If they are scared to do so, then the wheels of the courts and the justice system would be adversely affected.
"As the appeal against conviction is not being pursued, the conviction is affirmed, namely that the conduct in question amounts to criminal contempt," she said.
She added that the panel noted the lower courts imposed prison time because the appellant showed no remorse over his actions and neither did he apologise.
Earlier, Lokman, 51, apologised for his action of filing a police report containing his comments regarding the credibility of Datuk Amhari Efendi Nazaruddin, the main witness in the case against former prime minister Najib involving 1MDB funds, and issuing a press statement during the ongoing trial.
On July 15, 2021, Justice Collin Lawrence Sequerah sentenced Lokman to one month in prison after he was found guilty of contempt of court for threatening Amhari Efendi, Najib's former special officer.
On Oct 22, 2019, Justice Sequerah permitted the then attorney general Tan Sri Tommy Thomas to initiate committal proceedings against Lokman for his alleged contempt of court on Sept 25 that year.
According to Thomas, Lokman had on the date in question and in an interview uttered threatening words against Amhari Efendi for testifying at Najib's trial in the High Court.
Thomas said on the same day, Lokman filed a police report against Amhari Efendi, the eighth prosecution witness, over the latter’s testimony.
He said the aim or purpose of Lokman’s action was to harass and intimidate Amhari Efendi, other witnesses and any potential witnesses testifying against Najib in the 1MDB trial.
