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KOTA KINABALU – Former Sabah chief minister Datuk Seri Mohd Shafie Apdal will appeal against a Sessions Court decision sentencing him to five weeks' jail after he was found guilty of contempt of court on Wednesday.
The Parti Warisan (Warisan) president said he respected the court's decision and would leave the legal process to determine the next course of action.
"The court has made its decision in the contempt of court proceedings against me.
"I respect the court's decision and have instructed my lawyers to file an appeal.
"Let the legal process run its course. However, my commitment to the people remains unchanged," he said in a statement.
Sessions Court judge Amir Shah Amir Hassan handed down the sentence over remarks Shafie made regarding the inquest into the death of student Zara Qairina Mahathir. Amir Shah, however, allowed Shafie's application to stay execution of the sentence pending his appeal to the High Court.
The stay means the jail term will not take effect until the appeal is decided. Under Article 48(1)(e) of the Federal Constitution, a member of parliament may be disqualified if convicted and sentenced to at least a year's jail or fined at least RM2,000, subject to related provisions — but as the court imposed less than a year's jail and allowed the stay, this does not apply for now.
In his judgment, Amir Shah said the court had viewed the video recording in question and heard Shafie's full remarks in open court before reaching its decision.
"Having assessed the full recording and its context, the court finds that the out-of-court statements made by the respondent cannot be shielded on the grounds of freedom of speech.
"The statement not only pre-empted the court's finding by declaring it a murder case before the inquest concluded, but also undermined the integrity and authority of the administration of justice.
"In short, it amounts to a serious contempt of court," he said.
Amir Shah said whether the coroner was influenced by the statement was immaterial, as the central issue was that Shafie made the remarks publicly while the inquest was still ongoing. He said Shafie knew or ought to have known that the inquest's purpose was to determine how the deceased died, among other things and to give relevant witnesses the opportunity to testify.
The judge said the court was satisfied the Attorney-General, as applicant, had proven beyond reasonable doubt that Shafie made the statements on Sept 20, 2025 while the inquest was still active.
He said the phrase "this child was murdered" pre-empted the central issue the inquest was meant to decide, while the remark "so-called court inquiry... where is this justice?" risked tainting the judicial process.
"The statement created a real and substantial risk of interfering with the administration of justice and eroding public confidence, particularly in the judiciary.
"The respondent also failed to purge the contempt by allowing the publication containing the statement to remain accessible to the public," he said.
Deputy public prosecutors Mohamad Mustaffa P Kunyalam and Nadia Mohd Izhar handled the proceedings, while Shafie was represented by lawyers Jakariya Ab Jalil and Chen Ket Chuin. The Attorney-General had filed an ex-parte notice of application for leave to commence committal proceedings on Oct 19, 2025, which the court allowed on Oct 23, the same year.
Shafie, 68, was convicted of contempt of court under Order 52 of the Rules of Court 2012 and Paragraph 26, Third Schedule of the Subordinate Courts Act 1948.
Responding to the sentence, the Semporna MP said the matter was not about personal interest but about upholding the truth and preserving public confidence in the country's institutions.
"From the very beginning, this was never about me. It is about the passing of a child who touched the hearts of the entire nation.
"My hope from the start has simply been that the truth be upheld, that justice be served and that public confidence in national institutions continues to be strengthened," he said.
Shafie, who is also the Senallang state assemblyman, said that as the matter was now under appeal, he would not comment further on the case. He gave an assurance that he would continue carrying out his duties as an elected representative while respecting the rule of law.
"I will continue to discharge the responsibilities entrusted to me as an elected representative with full integrity and respect for the rule of law.
"My commitment to serving the people and upholding the principles of truth, justice and accountability remains unchanged," he said.
Zara Qairina was found unconscious beneath a hostel building at a religious school in Papar on July 16, last year and was pronounced dead at Queen Elizabeth Hospital the following day. The inquest into the Form One student's death began on Sept 3, 2025 and is ongoing.
