Contempt proceedings against Shafie Apdal over Zara remarks stayed pending review

KOTA KINABALU (Feb 11): The Sessions Court here has stayed contempt proceedings against former Sabah chief minister Datuk Seri Panglima Mohd Shafie Apdal.

Judge Amir Shah Amir Hassan made the order after partially allowing a preliminary objection raised by Mohd Shafie against a committal application for contempt against him.

However, the judge dismissed Mohd Shafie’s preliminary objection on the question of whether the Sessions Court or Coroner’s Court were the right forum to hear the contempt proceedings.

Amir Shah held that proceedings would be stayed pending disposal of a judicial review to challenge the legality of the inquest at the High Court here.

The court fixed March 27 to re-mention the case and update parties on the status of the judicial review.

The alleged contempt of court is over Mohd Shafie’s comments related to the Zara Qairina Mahathir case.

On Oct 23 last year, the same judge allowed the leave application by the Attorney-General to cite Mohd Shafie for contempt pursuant to Order 52 Rule 3 of the Rules of Courts 2012.

In the ex-parte application, the applicant stated that Mohd Shafie, who is Parti Warisan Sabah president, had answered a formal notice to show cause by way of a letter from his solicitors Messrs Tommy Thomas dated Sept 29, 2025.

The applicant stated that Mohd Shafie had allegedly failed to provide a satisfactory explanation in response to the Notice to Show Cause under Order 52 Rule 2B of the Rules of Courts 2012.

An inquest is being held to determine the cause and circumstances surrounding the death of Form 1 student Zara Qairina, who was found unconscious at her religious boarding school on July 16 and died the next day.

The judge held that there were two issues raised as preliminary objections by Mohd Shafie, namely the issue of different forum granted the order granting leave to commence committal proceedings, and the issue of lack of jurisdiction.

Deputy public prosecutors Mustaffa P. Kunyalam, Nadia Mohd Izhar, and Christopher Enteri Mawan appeared for the applicant.

Mohd Shafie was represented by counsels Chen Ket Chuin, Jakariya Ab Jalil, and Batholomew Jingulam.

On Nov 21, 2025, a non-governmental organisation filed a judicial review at the High Court here seeking to quash the inquest into the death of Zara Qairina as it was allegedly conducted under the wrong law.

Pertubuhan Kebajikan Ekonomi Semangat Bersatu Malaysia leader Datuk Seri Mohammad Jeffry Rosman stated in the application that Sabah has its own Inquest Ordinance 1959, which he argued should have been used instead of the federal Criminal Procedure Code.

He said the state law is still valid and contains specific safeguards, including provisions for a coroner to summon a jury with half its members from the same race as the deceased.

Mohammad Jeffry said they were seeking court orders to strike out the entire inquest, declare the 1959 Ordinance as the applicable law, and affirm Sabah’s constitutional rights under the Malaysia Agreement 1963.

The re-mention of the group’s judicial review is set to take place on Thursday.