Shafie could be in contempt of court over Zara remarks, say lawyers

Shafie could be in contempt of court over Zara remarks, say lawyers

A lawyer for a witness at the Zara Qairina Mahathir inquest says Shafie Apdal should have known his remarks would interfere with the judicial process.

Mohd Shafie Apdal
Warisan president Shafie Apdal had reportedly questioned the lengthy time taken for the inquest into Zara Qairina Mahathir’s death, according to a video clip that has been circulating.
PETALING JAYA:
Warisan president Shafie Apdal could be held in contempt of court for making remarks on the Zara Qairina Mahathir case while the inquest into her death is still on, lawyers say.

Ram Singh, who represents “Student A”, a child witness in the inquest, said Shafie should have known his remarks about the evidence, as well as who has testified or has yet to testify, clearly interferes with the judicial process.

“This is contempt of court and for the presiding coroner to decide. We will address this issue during the coming proceedings on Monday,” he told FMT.

A Sabah-based lawyer said the integrity of judicial proceedings requires that conclusions be left to the court, not outside parties. “Such remarks risk pre-empting the findings of the court and may undermine public confidence in the integrity of the judicial process,” said the lawyer, who requested anonymity.

Salim Bashir
Salim Bashir.

Lawyer and former Bar president Salim Bashir also said it is inappropriate to issue public statements on key issues under judicial consideration unless it is fair comment.

He said certain statements can reflect or invoke feelings of anger and disappointment, allowing unsubstantiated rumours to spread.

Current Malaysian Bar president Ezri Abdul Wahab cautioned that Shafie’s speculation could interfere with the fact-finding mission by creating undue pressure on investigators or the coroner, possibly distorting an independent evaluation of the facts.

Ezri Abdul Wahab
Ezri Abdul Wahab.

“(It could also) discourage or intimidate witnesses, who may feel their testimony has been prejudged or politicised,” he told FMT.

Shafie had reportedly questioned the lengthy time taken for the inquest, according to a video clip of a dinner that has been circulating. In the video, he is heard saying: “The girl has died. She was not bullied, it was a murder. How many times has Bukit Aman questioned the witnesses? They have questioned the same people.”

Ram said Attorney-General Dusuki Mokhtar had issued a clear reminder yesterday that stern action will be taken against those who attempt to interfere in the inquest proceedings.

Zara, 13, died in hospital on July 17, a day after she was found unconscious at 4am in a drain near her school.

On Aug 13, the Attorney-General’s Chambers ordered that an inquest be held after reviewing the investigation report submitted by the police.

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