The Kota Kinabalu Sessions Court has dismissed Albert Tei’s ex-parte application for leave to apply for an order of committal [“Application”] today against Datuk Seri Panglima Haji Hajiji Bin Haji Noor.
Sessions Court Judge Zaini Fishir @ Fisal made the ruling after hearing submissions from Edward Paul representing Tei Jiann Chieng [“Albert Tei”] and the State Attorney-General [“SAG”] of Sabah, Datuk Brenndon Keith Soh together with Roland Alik, representing the caretaker Chief Minister of Sabah.
Albert Tei had earlier filed the application for leave under Order 52, Rule 3 of the Rules of Court 2012 [“O52 ROC 2012”] to cite the caretaker Chief Minister of Sabah for contempt of court, alleging that the state’s immigration powers were used to block his entry and prevent him from attending his corruption trial.
On 17.11.2025, we obtained permission from the Sessions Court to appear and assist the Judge in determining whether to grant permission for Albert Tei’s Application. At the same time, the Deputy Public Prosecutor [“DPP”], Tuan Rustam Sanip was also invitedto address the court on the Application in support of the SAG’s submission.
In opposing the Application based on a preliminary objection, we had submitted that O52 ROC 2012 only governs civil proceedings and not criminal matters based on Order 1 Rule 2 (2) of the ROC 2012. Therefore, the Application was unsustainable because Albert Tei’s reliance on O52 ROC 2012 was misconceived and bad in law.
Furthermore, under Article 145 (3) of the Federal Constitution and section 376 of the Criminal Procedure Code, it is the Federal Attorney General represented by the DPP who has the “control and direction of all criminal prosecutions and proceedings”. Therefore, Albert Tei as an accused person in the criminal proceedings before another court is not the proper applicant to commence contempt proceedings in a different court, as that role belongs to the DPP in the criminal proceedings. In addition, it was further submitted that the Application was made in bad faith and was an abuse of the court’s process, wholly devoid of any factual or legal basis.
After hearing these arguments, the learned Sessions Court Judge decided in favour of the caretaker Chief Minister of Sabah based on the preliminary objection and dismissed Albert Tei’s Application. This decision reflects the court’s clear affirmation that the contempt jurisdiction must not be invoked lightly or used for purposes unrelated to the proper administration of justice.
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