Shafie Apdal in Contempt of Court: “This Child Was Killed” Remark Sealed the Verdict

(Kota Kinabalu, July 30) Four words spoken at a public rally in Keningau in September last year — "this child was killed" — formed the centrepiece of the contempt of court case against former Sabah Chief Minister Datuk Seri Mohd Shafie Apdal that concluded today with a five-week prison sentence, stayed pending appeal. The Kota Kinabalu Magistrates' Court found Shafie Apdal in contempt of court for those and other remarks made while the inquest into Zara Kaleyna Mahadi's death was still in progress.

The Ruling

Magistrate Amir Shah Amir Hassan convicted Shafie under Section 99A of the Subordinate Courts Act 1948 after finding the prosecution had proved the case beyond reasonable doubt. The 68-year-old Semporna MP and Warisan chairman received a five-week custodial sentence, which was immediately stayed on his application to allow him to challenge the ruling at the High Court. The maximum penalty available under the provision is six weeks' imprisonment and a RM300 fine.

The Remarks

Shafie spoke at a public event in Keningau on September 20, 2025, at a time when the inquest into the death of 13-year-old Zara Kaleyna was before Magistrate Amir Shah. He told his audience that the girl had been killed, and separately questioned the inquest with remarks about justice. The court watched the full video recording before reaching its conclusions.

Key Findings in the Judgment

Magistrate Amir Shah found that the speech could not be protected as free expression. He said it had pre-empted the inquest by publicly declaring Zara's death a murder — the very conclusion the court was convened to reach — before any determination had been made. He described this as seriously damaging to the integrity and authority of the administration of justice. He noted that questions about justice directed at the inquest process had a negative effect on judicial proceedings. Shafie's failure to take any steps to remove the remarks after they had been made, while the content remained publicly accessible, was treated as a further aggravating factor. The court concluded that the remarks created a real and substantial risk of interfering with justice and of undermining public confidence in the courts. On the question of whether the coroner had actually been influenced, the magistrate was clear: it did not matter. The issue was the act of making the public remarks during an active inquest.

Background: The Zara Kaleyna Case

Zara Kaleyna Mahadi, a 13-year-old Form One student, was found unconscious at a school dormitory in Papar on July 16, 2025, and died in hospital in Kota Kinabalu the following day. Her death inquest began September 3, 2025, and continues, with the next hearing on August 24, 2026.

Stay and Appeal

The sentence was stayed. Deputy public prosecutors Mustapha P Kunjan and Nadia Izha led the prosecution. Zakaria Abdul Jalil and Chan Keh Choon appeared for Shafie.