KOTA KINABALU: The Kota Kinabalu Sessions Court has dismissed Albert Tei’s ex-parte application for leave to apply for an order of committal today against Datuk Seri Haji Hajiji Haji Noor.
Sessions Court Judge Zaini Fishir @ Fisal made the ruling after hearing submissions from Edward Paul representing Tei Jiann Chieng, known as Albert Tei, and the State Attorney-General Datuk Brenndon Keith Soh, together with Roland Alik representing the caretaker Chief Minister of Sabah.
Tei had earlier filed the application for leave under Order 52, Rule 3 of the Rules of Court 2012 to cite the caretaker Chief Minister 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 November 2025, permission was obtained 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 Rustam Sanip was invited to address the court in support of the State Attorney-General’s submission.
In opposing the application based on a preliminary objection, it was submitted that Order 52 of the Rules of Court 2012 only governs civil proceedings and not criminal matters under Order 1 Rule 2 (2) of the Rules of Court 2012. Therefore, the application was unsustainable because Albert Tei’s reliance on this provision was misconceived and invalid 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 Deputy Public Prosecutor, who has the control and direction of all criminal prosecutions and proceedings. Tei, as an accused in separate criminal proceedings, is not the proper applicant to commence contempt proceedings in a different court. That role lies with the Deputy Public Prosecutor in the criminal proceedings. It was also submitted that the application was made in bad faith and amounted to an abuse of the court’s process, being devoid of any factual or legal basis.
After considering these arguments, the Sessions Court Judge ruled in favour of the caretaker Chief Minister of Sabah and dismissed Tei’s application based on the preliminary objection. The decision underscores the court’s position that contempt jurisdiction must not be invoked lightly or for purposes unrelated to the proper administration of justice.
Commenting on the decision, Soh said the court’s ruling affirms the principle that contempt jurisdiction must only be exercised in accordance with law and cannot be used for purposes that are unrelated to the administration of justice.
“The application filed by Tei was misconceived and lacked both factual and legal foundation.”
