Senior Federal Counsel Amarjeet Singh today urged a coroner's court not to grant permission to commit cabinet minister Nazri Abdul Aziz to contempt proceedings as he claimed the application made was  incomplete.

At the inquest into the death of political aide Teoh Beng Hock, Amarjeet argued that the Malaysiakini 's April 11 report  which quoted Nazri was not submitted in the application.

"What we have is an affidavit by Teoh Meng Kee, Beng Hock's brother, where he cites the Malaysiakini report which quoted the minister following a phone interview.

"However, it is not supported by the said report, which was not produced," he said.

Amarjeet said for contempt proceedings, the court must be satisfied there is prima facie evidence.

He said in this application, the report in question was not produced and thus a proper charge of contempt against Nazri could not be framed.

A azlan marjeet was referring to the report in which Nazri accused expert witness Dr Pornthip Rojanasunand of lying in her testimony during the inquest and her concerns over her safety in Malaysia.                   

Nazri outburst led to Beng Hock’s family members filing an application to cite the minister, who is in charge of law, for contempt.

'Nazri comments valid'

Amarjeet, who represents the Attorney-General’s Chambers, argued that it was Malaysiakini which should be cited for contempt as the media outlet was allegedly interfering with the administration of justice.

"This is because they came out with the report," Amarjeet said.

Citing case laws on trial by media, Amarjeet said some media organisations had been cited for contempt in the past as they were found to have interfered the administration of justice.

He claimed that any person should be allowed to challenge Pornthip’s views, including Nazri.

NONE Meanwhile, counsel for Beng Hock’s family, Karpal Singh, argued that the court should initiate contempt proceedings because the minister had questioned the testimony of a witness and the sanctity of the court.

While admitting that the contempt application could be deemed hearsay without the support of an affidavit from the writer of the Malaysiakini report, Karpal said the application submitted was proper.

“What the minister said and the manner which he had said it during the telephone interview and also outside the Parliament lobby constitutes contempt.

“What Nazri said in daring the court to take action against him by saying ' bring it on ' and also daring me to bring the matter to the World Court constitutes contempt.

"It is not a challenge to me but to the court,” the senior lawyer said.

Coroner asked to 'be brave'

Karpal also told the court that the Attorney-General’s Chambers decision to become an intervener in the contempt application's proceedings at the eleventh-hour should be brought to scrutiny.

“The AG should have instituted the contempt proceeding against the minister as they are the guardians of public interest. In fact, this court ought to do the same.

"Instead, it was the family who had to make this application,” he said.

Standing by his earlier submission in calling Nazri kurang ajar (uncouth), Karpal urged the coroner Azmil Muntapha Abas to be “brave” in coming to a decision.

“Can Tuan (coroner) keep quiet on this just because he is a minister and also in charge of law?

“You may need time to study but Tuan must be brave enough. You can go through the submission.

“There is a growing trend of the judiciary being afraid of the executive and this has to stop,” he said while winding up his submission.

Azmil then fixed May 21 for his decision on whether to grant leave to initiate contempt proceedings against Nazri.

Teoh, the 30-year-old political secretary to Selangor executive councillor Ean Yong Hian Wah, had been summoned to the Malaysian Anti-Corruption Commission office on the 14th floor of Plaza Masalam in Shah Alam to be quizzed over irregularities in the disbursement of state funds on July 15, 2009.

He was found dead the following day on the fifth-floor's exterior service platform of the building.