PUTRAJAYA (July 1): Umno Supreme Council member Datuk Lokman Noor Adam's one-month imprisonment for contempt of court in relation to a 1Malaysia Development Bhd (1MDB) case has been set aside and replaced with a one-year good behaviour bond.

A three-member apex court panel, led by Federal Court judge Tan Sri Nallini Pathmanathan, delivered this decision on Monday, following Lokman's unreserved apology over his actions and threatening words against 1MDB-Tanore trial witness Datuk Amhari Efendi Nazaruddin back in September 2019.

"It is trite under the law of contempt that the intimidation of a witness before or after he gives evidence undermines the administration of justice. This is because justice cannot be administered if witnesses do not come forward to testify," they said.

Nallini also noted that Lokman's appeal was not based on his conviction, which means that his conduct amounts to criminal contempt.

As for the sentence, the panel noted that the lower courts imposed an imprisonment of a month because the 51-year-old showed no remorse over his actions, nor did he apologise.

However, the panel — which also includes Federal Court judges Datuk Rhodzariah Bujang and Datuk Abu Bakar Jais — noted that with Lokman's unreserved apology and undertaking not to repeat his behaviour, there has been a change in circumstances.

"The sentence of imprisonment be substituted with a bond of good behaviour for a term of one year, meaning that in the event [Lokman] repeats the contempt or the terms of his apology, then he will be recalled to this court and sentenced for breach of such bond," they said.

They added that an apology itself does not exonerate anyone from contempt in every case; however, it does have an impact on the sentencing.

Lokman made the comments in 2019

At the onset of Monday's proceedings, the parties informed the panel that there will be no appeal against the conviction. The panel did ask the parties to submit on a range of punishments for contempt, including the possibility of imposing a fine.

Reading out his apology in court, Lokman "humbly apologised" for his actions and comments against the prosecution witness when the 1MDB trial was still ongoing. He added that he had no intention of disrespecting the judiciary.

"I have now realised that my actions and comments are actions that not only amount to an attack on the integrity of the Attorney General's Chambers (AGC) but are also an act of threatening witnesses and at the same time interfering with the administration of justice," he said.

Lokman was represented by Tan Sri Muhammad Shafee Abdullah and Alaistair Brandah Norman while the prosecution was represented by deputy public prosecutor Datuk Mohd Dusuki Mokhtar.

Then AG Tan Sri Tommy Thomas had initiated committal proceedings against Lokman over threatening words made in September 2019 against Amhari, Datuk Seri Najib Razak's former special officer, for testifying at the former prime minister's trial in the High Court.

Thomas said on the same day, Lokman filed a police report against Amhari, over Amhari’s testimony at the trial.