Returning officer gets jail for ‘teaching witness how to testify’
GE14 returning officer gets 3 months for disturbing administration of justice
THE Special Elections Court here yesterday sentenced returning officer for the Rantau state constituency, Amino Agus Suyub, to three months’ jail after he was found guilty of disturbing the administration of justice.
Judge Datuk Azimah Omar handed down the decision after Amino Agus and witness Daing Muhamad Rahimi testified in court.
In the judgment, Azimah said Amino Agus’ action of sending a message through the WhatsApp application to Daing a day before the latter was supposed to appear in court to testify as a witness was a serious action and could be regarded as contempt of court.
Daing was assistant returning officer for the Rantau state constituency on the April 28 nomination day for the 14th General Election.
The message that Amino Agus sent through his personal line reads: “As Salam.. Lepas ni kau akan jadi saksi… hati-hati.. teruk den kono soal dalam court.. lebih baik cakap tak tau..” (Salam. After this, you’ll be the witness. Be careful. I was questioned terribly in court. It’s better to say you don’t know anything.)
Amino Agus, in his defence submission, said the message was an expression of his feelings and was not intended to teach Daing how to testify in court.
He said he did not know that he could not communicate with other witnesses when proceedings were in progress.
Azimah said Amino Agus knew that Daing was to appear in court as a witness on Oct 4, which was the day after the message was sent.
“In this matter, the court is of the opinion that the posting sent by Amino contained instructions on how to answer questions in court when testifying.
“The action of teaching a witness (how to testify) is a serious offence and cannot be taken lightly. Amino should know the consequences of his action and that it would affect the fair trial of this petition case.”
Lawyer G. Rajasingam, representing Amino Agus, requested the court not to impose the prison sentence as his client, a civil servant, could lose his job.
He said Amino Agus was the sole breadwinner of his family, which comprises an elderly mother, an unemployed wife and seven children, with the youngest suffering from a hole in the heart.
Azimah said Amino Agus’ act of teaching a witness how to testify was a serious offence.
“It is not a normal civil case. As a returning officer, Amino should realise the seriousness of this petition case.
“Based on the seriousness of Amino’s action, the court hands down a three-month imprisonment to be served from today (yesterday).”
She allowed a stay of the sentence following Rajasingam’s request to appeal to the Court of Appeal.