August 8, 2012
Nik Raina: Victim of a Perverse Syariah Chief Prosecutor
by Din Merican
This sunrise (August 7), we went to a Syariah Court with my wife Dr Kamsiah to give await to Nik Raina Nik Aziz, a Borders Bookstore Manager, who had to suffer humiliation as well as trauma by being forced to crop up again in a Syariah Court.
This had to happen after a JAWI Syariah Chief Prosecutor asked a Syariah Court to expedite a box opposite Nik Raina in an apparent try to circumvent a Judicial Review movement commenced by Borders in a polite High Court.
On Jun nineteen 2012, Nik Raina was charged in a Syariah probity for distributing Irshad Manji's book patrician "Allah, Liberty as well as Love" which JAWI deemed to be opposite a precepts of Syariah laws. What exactly is so descent about which book is unclear. What is transparent is which Nik Raina faces a RM3,000 fine or dual years' prison or both underneath Section 13(1) of a Syariah Criminal Offences Act (Federal Territories) 1997, if convicted. That is how serious things can be if you work as a book store physical education instructor in Malaysia. That is a message which JAWI is sending out to a total world.
By a time we arrived during a Syariah Court, a probity room was swarmed with Borders' employees as well as Nik Raina's supporters.
It is heartening to note which Malaysians of opposite believe as we! ll as co lour were all there to her await her as well as ensure which there will be probity for Nik Raina who is confronting a full brunt of a powerful JAWI Syariah Chief Prosecutor. It is encouraging which Malaysians come together united opposite what they understand to be an unfair harm of a bad trusting Malay Muslim employee of a bookstore who happened to be in a right place during a wrong time.
But, we was amused to note which there was none of a haughtiness displayed earlier by a Syariah Chief Prosecutor, Tuan Ibrahim Deris. This morning, Ibrahim Deris seemed modest as well as amiable. Perhaps, a big throng cowed him. Perhaps, he realised which his minute dated Jun 27, 2012 to a Syariah Court about wanting to have a box expedited in sequence to afford him an opportunity to residence a media as well as bloggers had left viral.
Perhaps Ibrahim Deris had suddenly realised which his opponent, a counsel
acting for Nik Raina, is my immature crony as well as formidable counsel Rosli Dahlan who would creek no nonsense from open officials who abuse their power. Whatever it is, we noted which Ibrahim Deris was patently trying to play a open family card. we was proven right when a probity record started.
I found it strange which despite this being a box instituted by a Syariah Chief Prosecutor, as clear from a pretension of a box Pendakwa Syarie v Nik Raina Nik Aziz, Ibrahim Deris avoided opening today's proceeding. He waited for Rosli Dahlan to have a introductions. Ibrahim Deris afterwards told a Syariah Judge which nonetheless he asked for a box to be expedited, it is his privilege to seek a delay of a rapist record as well as asked a Judge to do so.
What Crap?
Hey! What crap is that? It is sheer arrogance upon his partial to have it crop up which! he is s eeking an demurral in a interest of justice. we gamble that's what a mainstream media especially a UMNO aligned newspapers will report upon a following day.
I was irritated. we was annoyed by this man's pretences as well as lack of remorse. After preferring a charge opposite Nik Raina; after asking to expedite a rapist case; this male now has a cheek to have it crop up which he is consenting to a stay of a record in a syariah court.
I was delighted when Rosli Dahlan stood up to discuss it a Syariah Judge which in tangible fact, yesterday, a Court of Appeal had issued an Order opposite a JAWI Syariah Chief Prosecutor from proceeding any serve opposite Borders as well as its employees together with Nik Raina.
Rosli review out a conditions of a Court of Appeal Order which demonstrated which a usually reason Ibrahim Deris had to have all these concessions is since he had been calm to do so as well as not since he believes in a interest of probity as he tried to portray it.
Rosli afterwards narrated which a tangible discuss date as fixed by a Syariah Court is Sep 19, 2012 as well as a usually reason parties have been in probity today is since Ibrahim Deris had asked for a Syariah rapist box to be expedited. Implicit was a actuality which Ibrahim Deris had tried to circumvent a Judicial Review filed by Borders in a polite High Courts.
Syariah Judge Abdul Walid Abu Hassan asked Rosli to insist a Judicial Review prior to a polite High Court, to which Rosli pronounced which it had to do with JAWI's premature movement of enforcing s.13 of a Syariah Criminal Offences Act upon publications which have been discordant to hukum syarak during a time when a Irshad Manji's book was not nonetheless banned by a Home Ministry underneath s. 7 of a Printing, Presses as well as Publications Act.
A Conflict of Jurisdiction
Rosli explained which by jumping a gun, JAWI had caused a dispute of jurisdiction which can usually be motionless by a poli! te court s as a Syariah Court is not vested with jurisdiction to interpret a supplies of a Federal Constitution upon a subdivision of legislative powers in in between a state as well as a federation. Rosli additionally explained a unconstitutionality of s.13 of a Syariah Criminal Offences Act which purports to order upon printing, presses as well as announcement which is a demonstrate as well as disdainful purview of a Federal List of a Federal Constitution.
Wow! It seems Nik Raina's box will go down in a law journals for these low legal issues. And all which was triggered since of JAWI's promptness in raiding as well as seizing a book as well as charging Nik Raina prior to a Home Ministry banned a book.
Thus, we was agreeably astounded to note when Syariah Judge Abdul Walid Abu Hassan nodded with understanding as well as capitulation to Rosli's explanation. The Syariah Judge even remarked which he concluded which issues upon constitutionality should be motionless by a polite High Court as well as a Federal Court as well as a Judicial Review ought to be authorised to be likely first prior to a Syariah rapist trial can proceed.
Syariah Judge Abdul Walid did not appear a least bid dissapoint when Rosli explained which a Stay Order is opposite JAWI as well as not a Syariah Court. He even remarked which if a Judicial Review is not likely by a next discuss date, he may postpone a Syariah rapist box further.
Syariah Judge Abdul Walid was Open Minded as well as Fair
What a exhale of fresh air! Here was a Syariah Judge who could appreciate a legal enigma which JAWI had created in causing a dispute in in between a polite courts as well as syariah probity by their hasty action. we was speedy by such open mindedness upon a partial of a Syariah Judge. This, we thought, is promising as well as would enhance a picture of a Syariah Court. For a first time, we learned to draw a distinction in in between a Syariah Court as well as a JAWI Syariah Chief Prosecuto! r.
While a Syariah Court showed some emergence of reasonableness as well as independence, we can't say a same about a Syariah Chief Prosecutor, Ibrahim Deris. This male behaves exactly similar to his polite counterpart, a Attorney-General Gani Patail who is additionally a Public Prosecutor of Malaysia.
A-G Gani Patail's Hidden Hand in a Prosecution of Nik Raina
That is why a A-G Chambers against Borders' Leave, Stay as well as Judicial
Review applications all a way. The A-G Chamber acts in fait accompli to all a prejudicial conducts of a Syariah Chief Prosecutor. Instead of correcting a Syariah Chief Prosecutor as well as preventing him from charging Nik Raina prior to a book was banned, A-G Gani Patail speedy which prejudicial movement by fortifying it in a polite High Courts as well as a Court of Appeal.
I won't be astounded if A-G Gani Patail will additionally inspire a Syariah Chief Prosecutor to interest opposite Nik Raina all a approach if she gets acquitted. After all which was what AG Gani Patail did to Rosli Dahlan. Gani Patail appealed opposite Rosli's exculpation as well as let a rapist box hang over Rosli's head for five years prior to withdrawing a interest upon a very day it was fixed for conference final week. How impolite can which be?
Deja Vu'
So, it is an irony of hold up which Rosli Dahlan, who was himself a plant of persecution, is now fortifying Nik Raina in this syariah rapist case. So, you have dual impolite group helming a Syariah Prosecution as well as a Malaysian Public Prosecution. It is group similar to these who give a rapist probity complement a bad name. They take to court a trusting for a wrong reasons.! They ab use their powers as well as use a order by law rather than a order of law. Some will say Deja Vu'!
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