MACC officer retracts police report against Muhyiddin’s lawyer; court decides not to cite for contempt反贪污委员会官员撤回针对慕尤丁律师的警方报告;法院决定不以藐视法庭罪名起诉。
KUALA LUMPUR, Sept 15 — The High Court today decided not to begin contempt of court proceedings against Malaysian Anti-Corruption Commission (MACC) investigation officer Mazery...

The High Court decided not to initiate contempt proceedings against MACC officer Mazery Mohd Zaini after accepting his explanation regarding a police report connected to Muhyiddin's trial.
Muhyiddin's lawyers accused Mazery of inappropriate communication, but he clarified the report was to check for information leaks, leading to its withdrawal and apology.
The trial continues in November, focusing on three charges of power abuse against Muhyiddin involving RM25.3 million in alleged bribes for his party.
KUALA LUMPUR, Sept 15 — The High Court today decided not to begin contempt of court proceedings against Malaysian Anti-Corruption Commission (MACC) investigation officer Mazery Mohd Zaini, as it accepted the officer’s explanations about his MACC colleague’s police report.
Earlier today, former prime minister Tan Sri Muhyiddin Yassin’s lawyers had accused Mazery of contempt of court, due to his actions that led to the police report.
Muhyiddin’s lawyers had pointed out that Mazery was still testifying as the 29th prosecution witness in Muhyiddin’s trial, and should not have communicated with anyone including the MACC colleague who lodged the police report.
High Court judge Noor Ruwena Md Nurdin this afternoon delivered her decision on whether to start contempt of court proceedings against Mazery.
The judge noted that she had told all prosecution witnesses in this trial to not discuss matters in this trial with anyone, while they remain on the witness stand.
“But just now, his explanation is that he wants to check that there is no information leak from MACC itself. So it can be said that this witness is overly-cautious and I accept his explanation. I think I will not proceed to cite for contempt.
“But Datuk Amer, it’s entirely up to you if you want to take further legal action, I don’t want to comment on that. But for the court, I accept his explanation,” the judge said towards the end of today’s court proceedings, referring to Muhyiddin’s lawyer Datuk Amer Hamzah Arshad.
Mazery had testified yesterday and was supposed to continue testifying today, while the police report was lodged by his MACC colleague last night.
What the police report is about and what happened to it
This morning, Amer highlighted the police report, which he described as a form of “intimidation” against Muhyiddin’s lawyers and an “underhanded tactic” to undermine the trial.
The police report had named Amer as having presented to the court an allegedly classified document, namely Adam Radlan Adam Muhammad’s statement to MACC during investigations.
Amer said however that Muhyiddin’s lawyers did not obtain the document from MACC or through illegal or improper methods, stressing that Muhyiddin’s lawyers had obtained it from Adam Radlan’s lawyers.
Amer said he reserved his rights to take legal action against Mazery, while the latter apologised to Muhyiddin’s lawyers and said he did not intend to tarnish their reputation.
Mazery explained that the police report was lodged to protect MACC’s integrity, as he was worried that Adam Radlan’s statement had been leaked from MACC despite being a classified document.
This afternoon, Mazery returned to the High Court after confirming that there had been no information leaks.
Mazery also confirmed that the police report had been given a “No Further Action” (NFA) status, and a fresh police report had been lodged to withdraw last night’s police report.
“As a result of investigations which I carried out at the headquarters, it was found that there are no information leaks from MACC officers, and I am satisfied that no evidence or documents came from MACC officers,” he told the High Court, saying that last night’s police report had been retracted and has been given “NFA” status.
Mazery also expressed hope that Amer could accept his apology.
What Mazery told Muhyiddin’s lawyer
After Mazery’s update on the withdrawal of the police report, he was cross-examined by Amer.
Mazery said he had yesterday instructed his subordinate to lodge a police report to determine whether Adam Radlan’s statement had been leaked, but confirmed that this subordinate was not present in court yesterday and would not know what happened in court.
Mazery confirmed that he did not make any checks on whether the document had been leaked before the police report was lodged last night, and confirmed that his checks today with another MACC colleague on whether there had been leaks only took between 15 to 20 minutes.
Mazery confimed he did not contact this MACC colleague yesterday, but disagreed he could have done so before the police report was lodged.
While confirming that he had decided to lodge the police report without first carrying out an internal investigation and without clarifying with Muhyiddin’s lawyers, Mazery denied that the police report was a “deliberate plan” by him to prevent Muhyiddin’s lawyers from asking four recalled prosecution witnesses today about Adam Radlan.
Mazery confirmed that only he and his subordinate had received a copy of last night’s police report, and denied leaking it to a news outlet which had this morning published a news report on the police report.
Among other things, Mazery denied that he wanted to suppress facts that are in favour of Muhyiddin in this case, also disagreeing that the police report was lodged and leaked to the media to deter Amer from pursuing issues linked to Adam Radlan.
Later when asked by lead prosecutor Datuk Wan Shaharuddin Wan Ladin to clarify why the initial police report was lodged, Mazery stressed it was purely to check if Adam Radlan’s statement had been leaked by MACC officers.
“So when there is none, I was satisfied that there is none, there is no need to continue with that report, that’s why I made an immediate retraction,” he said, adding that he has no malicious intention and that he had cooperated with both the prosecution and Muhyiddin from the start of investigations until now.
Before the judge delivered her decision on whether to cite Mazery for contempt, Wan Shaharuddin also addressed the police report incident in court.
“As the lead prosecutor in this case, I take responsibility for what had happened today. I myself apologise to Datuk Amer on this incident,” Wan Shaharuddin said, before closing the prosecution’s case in the trial after calling in 29 witnesses over more than 30 days of hearing.
When the trial resumes on November 26 and December 1 to 3, the prosecution and Muhyiddin’s lawyers are expected to present their arguments on whether Muhyiddin will have to enter his defence in this case.
In this trial, Muhyiddin is now facing only three charges of power abuse involving RM25.3 million in alleged bribes for his party, Parti Pribumi Bersatu Malaysia (from Nepturis Sdn Bhd, Datuk Seri Azman Yusoff, KCJ Engineering Sdn Bhd and Mamfor Sdn Bhd).
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高等法院在接受了反贪污委员会官员马泽里·莫哈末·扎伊尼就一份与穆希丁审判有关的警方报告所作的解释后,决定不对马泽里·莫哈末·扎伊尼提起藐视法庭诉讼。
穆希丁的律师指责马泽里沟通不当,但他澄清说,这份报告是为了检查是否存在信息泄露,随后报告被撤回,马泽里也为此道歉。
审判将于 11 月继续进行,重点是穆希丁被控三项滥用职权罪名,涉及其政党涉嫌收受 2530 万令吉贿赂。
吉隆坡,9月15日讯——高等法院今日决定不对马来西亚反贪污委员会(MACC)调查官员马泽里·莫哈末·扎伊尼提起藐视法庭诉讼,因为法院接受了该官员对其反贪污委员会同事向警方提交的报告所作的解释。
今天早些时候,前首相丹斯里慕尤丁的律师指控马泽里藐视法庭,因为他的行为导致了警方的介入。
穆希丁的律师指出,马泽里当时仍是穆希丁审判中的第29名控方证人,不应该与任何人联系,包括向警方报案的反贪污委员会同事。
今天下午,高等法院法官努尔·鲁韦纳·穆罕默德·努尔丁就是否对马泽里提起藐视法庭诉讼作出裁决。
法官指出,她已告知本案所有控方证人,在作证期间不得与任何人讨论本案事宜。
“但刚才他的解释是,他想确认一下反贪污委员会内部是否存在信息泄露。所以可以说这位证人过于谨慎,我接受他的解释。我认为我不会以藐视法庭罪名起诉他。”
“但是拿督阿梅尔,是否采取进一步的法律行动完全取决于你,我不想对此发表评论。但就法庭而言,我接受他的解释,”法官在今天庭审接近尾声时说道,他指的是慕尤丁的律师拿督阿梅尔·哈姆扎·阿尔沙德。
马泽里昨天已经作证,今天应该继续作证,而警方的报告是他的反贪污委员会同事昨晚提交的。
警方报告的内容是什么?后来发生了什么?
今天上午,阿梅尔重点提及了警方报告,他将其描述为对穆希丁律师的一种“恐吓”形式,以及破坏审判的“卑鄙手段”。
警方报告称,阿梅尔向法庭提交了一份据称属于机密的文件,即亚当·拉德兰·亚当·穆罕默德在反贪污委员会调查期间的证词。
阿梅尔表示,穆希丁的律师并没有从反贪污委员会或通过非法或不正当的手段获得该文件,并强调穆希丁的律师是从亚当·拉德兰的律师那里获得的。
阿梅尔表示,他保留对马泽里采取法律行动的权利,而马泽里则向穆希丁的律师道歉,并表示他无意损害他们的声誉。
马泽里解释说,之所以向警方报案,是为了维护反贪污委员会的诚信,因为他担心亚当·拉德兰的声明虽然是机密文件,却被泄露了。
今天下午,马泽里在确认没有发生信息泄露后,返回了高等法院。
马泽里还证实,警方的报告已被列为“不予进一步处理”(NFA),并且已经提交了一份新的警方报告,以撤回昨晚的警方报告。
“经我在总部进行的调查,发现没有反贪污委员会官员泄露信息,我确信没有任何证据或文件来自反贪污委员会官员,”他告诉高等法院,并表示昨晚的警方报告已被撤回,并被列为“不予受理”案件。
马泽里还表示希望阿梅尔能够接受他的道歉。
马泽里告诉穆希丁律师的话
在马泽里汇报了撤回警方报告的情况后,他接受了阿梅尔的交叉询问。
马泽里表示,他昨天已指示下属向警方报案,以确定亚当·拉德兰的声明是否被泄露,但他证实,这名下属昨天没有出庭,因此不会知道法庭上发生了什么。
马泽里证实,在昨晚向警方报案之前,他没有核实该文件是否已被泄露,并证实他今天与另一位反贪污委员会同事核实是否存在泄露情况只用了 15 到 20 分钟。
马泽里证实他昨天没有联系这位反贪污委员会的同事,但他不同意在警方立案之前他可以这样做。
马泽里证实,他决定在没有进行内部调查,也没有与穆希丁的律师澄清的情况下就向警方报案,但他否认报案是他“蓄意策划”阻止穆希丁的律师今天询问四名被传唤的控方证人有关亚当·拉德兰的情况。
马泽里证实,只有他和他的下属收到了昨晚警方的报告副本,并否认将其泄露给今天早上发表了有关该警方报告的新闻媒体。
此外,马泽里否认他想压制对穆希丁有利的事实,也不同意警方报告的提交和泄露给媒体是为了阻止阿梅尔继续追究与亚当·拉德兰有关的问题。
后来,当首席检察官拿督万沙鲁丁万拉丁要求马泽里澄清最初报案的原因时,马泽里强调,这纯粹是为了核实亚当·拉德兰的证词是否被反贪污委员会官员泄露。
“所以,当确认没有证据时,我就确信没有证据,没有必要继续那份报告,这就是我立即撤回报告的原因,”他说道,并补充说他没有恶意,从调查开始到现在,他一直与检方和穆希丁合作。
在法官就马泽里是否藐视法庭作出裁决之前,万·沙哈鲁丁还在法庭上谈到了报警事件。
“作为本案的首席检察官,我对今天发生的事情负全部责任。我本人就此事向拿督阿梅尔道歉,”万·沙哈鲁丁在结束控方举证前说道。此前,经过30多天的庭审,控方传唤了29名证人。
审判将于 11 月 26 日和 12 月 1 日至 3 日恢复,届时控方和穆希丁的律师预计将就穆希丁是否需要在本案中进行辩护提出各自的论点。
在这次审判中,慕尤丁目前仅面临三项滥用职权指控,涉及涉嫌为其政党土团党(来自Nepturis Sdn Bhd、Datuk Seri Azman Yusoff、KCJ Engineering Sdn Bhd和Mamfor Sdn Bhd)行贿2530万令吉。
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