(Kota Kinabalu, July 30) The Kota Kinabalu Magistrates' Court has found Shafie Apdal in contempt of court and sentenced the former Sabah Chief Minister to five weeks in jail for remarks he made about the inquest into the death of Zara Kaleyna Mahadi while proceedings were still under way. The sentence has been stayed pending the outcome of an appeal to the High Court.
The Ruling
Magistrate Amir Shah Amir Hassan delivered the verdict, citing Section 99A of the Subordinate Courts Act 1948 and Paragraph 26 of its Third Schedule, as well as Rule 52 of the Courts of Judicature Rules 2012. The magistrate found that the prosecution had proven its case beyond reasonable doubt and convicted Shafie Apdal, 68, chairman of the Warisan party and Member of Parliament for Semporna. The maximum penalty under the relevant provision is six weeks in jail and a fine of RM300. Shafie was sentenced to five weeks but was granted a stay of execution pending the High Court's hearing of his appeal.
The Remarks
Shafie made the remarks on September 20, 2025, at a public event in Keningau, while the inquest into Zara Kaleyna's death was ongoing before the same magistrate, Amir Shah. He described Zara's death as a murder, stating "this child was killed", and questioned the judicial process with remarks including "what is this inquest for — where is justice?" The court reviewed the full video recording of the speech before reaching its conclusion.
Key Findings in the Judgment
Magistrate Amir Shah stated in his judgment that the remarks made outside court could not be protected by freedom of expression. He said the speech had effectively pre-judged the central issue that the inquest was established to determine — the cause and manner of Zara's death — before the court had completed its proceedings, and in doing so had undermined the integrity and authority of the administration of justice. The magistrate specifically noted that the statement "this child was killed" had concluded a matter that was properly before the court to decide, and that questions such as "where is justice" had negatively affected judicial proceedings. He also found that Shafie had taken no steps to remove or retract the remarks after they were made, and had allowed the content to remain publicly accessible. The court held that this conduct created a real and substantial risk of interfering with the administration of justice and undermining public confidence in the judiciary. The magistrate added that whether the coroner was actually influenced by the remarks was not the point — the issue was that the remarks were made to the public while the inquest was still active.
Background: The Zara Kaleyna Case
Zara Kaleyna Mahadi was a 13-year-old Form One student. She was found unconscious near a drain outside a dormitory block at the Tun Datu Mustapha National Religious Secondary School in Papar on July 16, 2025, and was pronounced dead at the Queen Elizabeth Hospital in Kota Kinabalu the following day. An inquest into her death began on September 3, 2025, and is continuing, with the next hearing scheduled for August 24, 2026. The cause of her death has not yet been determined by the court.
Stay and Appeal
Magistrate Amir Shah granted Shafie's application to stay the sentence pending the High Court appeal. The prosecution was led by deputy public prosecutors Mustapha P Kunjan and Nadia Izha, while Shafie was represented by lawyers Zakaria Abdul Jalil and Chan Keh Choon.
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