KOTA KINABALU: The Kota Kinabalu Sessions Court has dismissed an ex-parte application filed by Albert Tei seeking leave to commence committal proceedings against the caretaker Chief Minister of Sabah, Datuk Seri Panglima Haji Hajiji Haji Noor.
Sessions Court Judge Zaini Fishir @ Fisal delivered the decision after hearing submissions from Tei’s counsel, Edward Paul, as well as Sabah State Attorney-General (SAG) Datuk Brenndon Keith Soh and Roland Alik, who represented the caretaker Chief Minister.
Albert Tei had applied for leave under Order 52, Rule 3 of the Rules of Court 2012 (O52 ROC 2012), alleging contempt of court. He claimed that Sabah’s immigration powers were used to block his entry into the state, preventing him from attending his corruption trial.
On 17 November 2025, the Sessions Court granted permission for the SAG to assist the court in determining whether leave should be granted. Deputy Public Prosecutor (DPP) Rustam Sanip was also invited to address the court in support of the SAG’s position.
In objecting to the application, the State Attorney-General’s office argued that Order 52 of the ROC 2012 applies only to civil proceedings and not to criminal matters, rendering Tei’s application legally defective.
It was further submitted that, under Article 145(3) of the Federal Constitution and Section 376 of the Criminal Procedure Code, only the Federal Attorney General—represented by the DPP—has authority over criminal prosecutions.
As such, an accused person in an ongoing criminal case cannot initiate contempt proceedings in another court.
The SAG also submitted that the application was made in bad faith, constituted an abuse of court process, and lacked any factual or legal foundation.
After considering all arguments, the Sessions Court upheld the preliminary objection and dismissed the application.
The ruling underscores the court’s position that contempt proceedings must not be invoked frivolously or for purposes unrelated to the proper administration of justice. – BNN
