Court sets aside subpoena in Lokman's contempt case

KUALA LUMPUR: The High Court here today set aside a subpoena issued to deputy public prosecutor (DPP) Datuk Raja Rozela Raja Toran for her to testify in contempt proceedings against Datuk Lokman Noor Adam, who is accused of insulting a court policeman and questioning the court system in the trial of Datuk Seri Dr Ahmad Zahid Hamidi.

Judge Datuk Collin Lawrence Sequerah made the ruling after hearing submissions from DPP Mohamad Mustaffa P Kunyalam and Lokman's counsel K. Balaguru, stating that Raja Rozela was merely acting as an officer of the court and there was no basis to the allegation that she had misled or lied to the court.

" Therefore, I set aside the subpoena issued to her and I do not however impose any cost on the solicitor," the judge ruled.

Mohamad Mustaffa had earlier submitted that the subpoena should be set aside on the grounds that Raja Rozela was not a material witness as the DPP was, at the material time, assisting the court as per the judge's invitation.

"Issuance of subpoena is an abuse of the process of the court, aimed to intimidate and embarrass the DPP for carrying out her duty as an officer of the court," he said adding that the respondent should have called the said policeman instead of victimised the prosecutor who carried out her responsibilities.

Balaguru countered that in a police report that lodged by the court policeman, he said that he heard the word "stupid".

"So, where is this my client called the policeman stupid?" asked the counsel.

Lokman was accused of insulting a lance corporal by calling him "stupid" and questioning the court system during Ahmad Zahid's trial on June 30.

The policeman then related the matter to a senior assistant registrar, who then informed Raja Rozela, after which she informed the court.

Following that, the respondent had applied to subpoena Raja Rozela and the application was allowed by Judge Sequerah. The subpoena was served to Raja Rozela on July 26.

The hearing for the contempt of court case will be heard on Aug 3 before Judge Sequerah.

-- BERNAMA