KUALA LUMPUR, Sept 4 — The High Court here today dismissed former prime minister Datuk Seri Najib Razak‘s application for leave to initiate committal proceedings against former Attorney-General (AG) Tan Sri Ahmad Terrirudin Mohd Salleh for alleged contempt of court.
Judge Alice Loke Yee Ching decided the matter after ruling that the applicant (Najib) had failed to prove a prima facie case for contempt.
On May 21 this year, Najib filed the application seeking the court’s permission to commence contempt proceedings against Terrirudin, who is now a Federal Court judge, over the alleged additional document that purportedly allows him to serve his jail sentence under house arrest.
Justice Loke, in her decision, said Najib failed to establish a prima facie case of contempt and that it was based largely on speculation.
She said the respondent (Terrirudin) was under no obligation to either confirm or deny the existence of the alleged additional document at the leave stage application.
“To my mind, it is pure conjecture to attribute dishonourable conduct on the part of the respondent merely from the stand taken to oppose the leave application. To recapitulate, the act of contempt alleged is the direction given by the respondent to advance false arguments and deny the existence of the addendum order,” she said.
Justice Loke said that in the absence of clear evidence showing the respondent personally acted as alleged, and bearing in mind the role the AGC plays in leave applications, the allegations amount to mere speculation.
“One cannot infer a specific instruction to present untrue arguments solely based on the position taken by the respondent’s officers in opposing the leave application. The consequences of contempt proceedings are serious, and this court will exercise caution and not act on mere supposition,” she added.
