PUTRAJAYA (July 29): A three-member Court of Appeal bench has allowed a stay of committal (contempt) proceedings against six people — four Undangs and two chieftains — who are embroiled in the Negeri Sembilan palace saga. The six had appealed against a July 8 decision by High Court judge Roz Mawar that there was a prima facie case against them for violating an injunction granted by the court on June 5 from holding a meeting.

Court of Appeal judge Datuk Azhahari Kamal Ramli, who led the bench, granted the stay, pending the early disposal of the hearing at the Court of Appeal. 

Azhahari, who sat with appellate judges Datuk Ahmad Kamal Md Shahid and Datuk Seri Latifah Mohd Tahar, directed that a case management be done on Thursday (July 30) at the Court of Appeal to fix an early hearing date of their appeal.

The bench also ruled that the stay of the committal proceeding also applies to Tunku Besar Tampin Tunku Syed Razman Tunku Syed Idrus Al Qadri, who had appointed his own lawyers on Tuesday (July 28), separate from the other five plaintiffs.

Initially, the High Court had on Tuesday fixed Sept 8 for the hearing of the committal proceedings against Syed Razman.

This follows the Undangs and chieftains’ lead counsel Awang Armadajaya Awang Mahmud, who appeared with Datuk Firoz Hussein Ahmad Jamaluddin and Datuk Mohammed Rhiza Ghazi, informing the bench that they are representing all six in this appeal, including Syed Razman.

The Dewan Keadilan and Undang (DKU) and its secretary Raja Norazli Raja Nordin had initiated the contempt proceedings following a violation of an interim injunction granted by Roz Mawar on June 5, to bar the Undangs and the chieftains from holding any DKU meeting or event.

However, the Undangs and chieftains had participated in an installation ceremony and proclaimed Tunku Datuk Seri Nazaruddin Tuanku Jaafar as the new Yang di-Pertuan Besar of Negeri Sembilan, resulting in the leave for contempt sought by DKU and Raja Norazli being granted by Roz Mawar on July 8.

The DKU and Raja Norazli were represented by Steven Thiru, along with David Matthew and Gregory Das.

Thiru had suggested that Thursday’s hearing for a stay be adjourned, and instead for an early hearing date of the Undangs and chieftains’ appeal over the committal to be heard quickly.

“We do not want the (charge) hanging over them for long,” he said.

Thiru also informed the bench that they had filed another application for leave for committal against all six over their purported refusal to accept service of the first committal papers.

The six plaintiffs, which include three Undangs, are: Datuk Maarof Mat Rashid (the Undang for Jelebu), Datuk Muhammed Abdullah (the Undang for Johol), and Datuk Abd Rahim Yasin (the Undang for Rembau), as well as Datuk Mubarak Thahak (whose status as the Undang of Sungai Ujong is under dispute), Syed Razman, and Datuk Seri Badarudin Abdul Khalid (Datuk Shahbandar Sungai Ujong).

The six plaintiffs had filed a legal action in May, wanting a court order for the DKU minutes dated April 17 to be produced, following the expulsion of Mubarak, which they are also challenging.

The DKU and Raja Norazli had opposed the application, citing that the DKU matters are non-justiciable as it does not have jurisdiction, and hence the court also refused a stay over the decision to remove Mubarak.

Following Mubarak’s expulsion, the chieftains announced the removal of the current Yang di-Pertuan Besar, Tuanku Muhriz Tuanku Munawir, on April 19, but this was not recognised by Menteri Besar Datuk Seri Aminuddin Harun.

Since then, and coincidentally, the Negeri Sembilan State Legislative Assembly had been dissolved and polling for statewide elections has been fixed for this Saturday (Aug 1).

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Committal proceedings adjourned as Undangs file interim stay fixed at COA tomorrow