Sabah deputy chief minister Jeffrey Kitingan said the apology by Marcel Jude Joseph was an admission of guilt and, thus, action can be taken against him in the native courts.
Kitingan, who is also the Kadazan Dusun Cultural Association (KDCA) deputy president, said this was agreed upon by three associations representing Sabah’s ethnic groups and two state statutory bodies that he invited to a meeting today.
These were the KDCA, Persatuan Momogun Rungus Sabah (Samora), Sabah Murut Association, Sabah Native Affairs Council and Sabah Cultural Board.
“We have come to an agreement, a solidarity of action, that this matter should not have happened,” he told an online press conference.
“The lawyer has apologised and his apology has become a basis for further action – that means he has admitted his guilt and therefore we must settle this matter in the native courts.
“To us, his apology is half-hearted and not completely sincere.
“As a community of indigenous people practising our customs and culture, we have been deeply hurt and we may take further action, including filing civil lawsuits or invoking the Sedition Act.”
Joseph, in his written bail application for politician Phillip Among, who is facing five molest charges, had likened the beauty pageant to an “exotic cattle show” and an “auction show”, prompting an intense public backlash.
KDCA Women’s Council chairman Joanna Kitingan had urged the lawyer to retract his remarks and apologise.
Joseph issued an apology, stating that although he prepared the submission for the court, he did not say or mention the parts Joanna had objected to.
He added that this can be confirmed by others present in the courtroom at the time.
He said he “sincerely, unreservedly and wholeheartedly apologise for the relevant parts of the court submission which have caused hurt, pain and suffering”.
He also apologised to all Unduk Ngadau participants throughout Malaysia from the beginning of the Unduk Ngadau Kaamatan beauty pageant, until this year.
He also directed his apology to the committees that were in charge of the Kaamatan celebrations and the beauty pageant, as well as “every person of the Kadazan Dusun of Sabah”.
However, Joseph said he could not withdraw his written submission because it was res judicata (a matter decided), adding that the bail application could not be re-litigated.
Several police reports, including by the KDCA, were also lodged against Joseph.
Kitingan, the president of Parti Solidariti Tanah Airku (STAR), of which Among is still a member, countered this, saying lawyers from Samora argued the submission can still be amended.
He said the parties in today’s meeting agreed that any action allowed under the law must be taken in order to avoid similar incidents.
“To prevent such things in future, we must make sure that this case is settled (so that) no one will insult the culture and customs of any other community.
“Let this be a lesson to all so that this will not happen again. That’s why we are taking this action … Action will start immediately from today,” he said.
Kitingan also said they would let the native courts decide on the “sogit”, or compensation, for hurting the community.
“The native courts can take action when it involves the customs and culture of the community in general, regardless of whether the person (said to have committed an offence) is a native or not,” he added.