SHAFIE APDAL’S COMMITTAL PROCEEDINGS STAYED PENDING JUDICIAL REVIEW

KOTA KINABALU, Feb 11 (Bernama) -- The committal proceedings against Datuk Seri Mohd Shafie Apdal at the Sessions Court here have been stayed pending the outcome of a judicial review at the High Court.

The committal proceedings arise from remarks allegedly made in relation to the inquest into the death of Zara Qairina Mahathir, which is currently ongoing before the Coroner’s Court.

Sessions Court Judge Amir Shah Amir Hassan ruled that, as the judicial review concerns the issue of whether federal or state law applies to the inquest, it would be premature to proceed with the committal action before the High Court makes its determination. 

He said that although the Sessions Court has jurisdiction to punish for contempt, committal proceedings carry penal consequences if the respondent is found guilty.

“As such, I am of the opinion that the committal proceedings should be stayed pending the outcome of the said judicial review. However, the stay applies only to the committal proceedings and not to the inquest itself, which will continue before the Coroner’s Court,” he said. 

Earlier, the court had dismissed the first ground of a preliminary objection raised by the respondent, holding that the issue concerning the forum which granted leave to commence the committal proceedings was merely technical in nature and did not amount to illegality. 

The court then fixed March 27 for mention.

On Nov 21 2025, a non-governmental organisation led by Pertubuhan Kebajikan Ekonomi Semangat Bersatu Malaysia (Pembela) applied to the High Court to quash the entire inquest on the basis that it was conducted under the federal Criminal Procedure Code rather than Sabah’s own Inquest Ordinance 1959.

The group argues that Sabah’s specific state law contains procedural safeguards and should govern the inquiry, and has sought court orders to declare the 1959 Ordinance as the applicable law and strike out the ongoing proceedings.

-- BERNAMA