The former Umno Supreme Council member is alleged to have shown disrespect to the court during Ahmad Zahid Hamidi’s corruption trial on June 30.
Judge Collin Lawrence Sequerah said DPP Raja Rozela Raja Toran was merely assisting the court, pursuant to a request he had made on that day.
“The words in the alleged contempt were not uttered in Raja Rozela’s presence. She was merely relying on information when she addressed the court.
“Therefore, there is also no basis to the allegation that she had misled, or in any manner, lied to the court,” he added.
Sequerah said he also failed to see how Raja Rozela, who is leading the prosecution team in Zahid’s case, could give material evidence in the contempt proceeding.
“I allow the setting aside by the applicant (Raja Rozela). I do not, however, impose any costs on the lawyer (for Lokman),” he said.
Lokman’s lawyer K Balaguru served the subpoena on Raja Rozela on July 26 but she applied to set it aside.
DPP Mustafa P Kunyalam today submitted that the subpoena is an abuse of the court process, aimed at intimidating and embarrassing Raja Rozela.
“Lokman did not respond to our affidavit to set aside the subpoena,” Kunyalam, who was assisted by DPP T Deepa Nair, said.
He said the subpoena was also a “red herring” to draw the court’s attention away from Lokman’s alleged contemptuous act.
Balaguru, however, said Raja Rozela ought to explain as there were contradictions as to what she told Sequerah and what a policeman informed a court senior assistant registrar.
Raja Rozela reported to Sequerah that a member of the public had “retaliated” when a policeman asked him not to “play” with his mobile phone.
Asked if the individual was still in the courtroom, Lokman, who was in the public gallery, stood up and said he was “typing” on his mobile phone.
According to the show cause notice read out to Lokman in court, he is alleged to have uttered: “The person in front is allowed to, so why can’t I? Stupid!”
On July 8, Lokman pleaded not guilty to the charge.
Sequerah will hear the contempt proceeding on Wednesday.