by Din Merican This sunrise (August 7), we went to a Syariah Court with my mother Dr Kamsiah to give await to Nik Raina Nik Aziz, a Borders Bookstore Manager, who had to humour chagrin as well as trauma by being forced to crop up again in a Syariah Court.
This had to occur after a JAWI Syariah Chief Prosecutor asked a Syariah Court to assist a box opposite Nik Raina in an apparent try to by-pass 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 titled "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 clear is which Nik Raina faces a RM3,000 fine or dual years' prison or both under Section 13(1) of a Syariah Criminal Offences Act (Federal Territories) 1997, if convicted. That is how severe things can be if we work as a book store physical education instructor in Malaysia. That is a message which JAWI is promulgation 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 well as colour were all there to her await her as well as ensure which there will be probity for Nik Raina who is facing a full bru! nt of a absolute JAWI Syariah Chief Prosecutor. It is enlivening 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 progressing by a Syariah Chief Prosecutor, Tuan Ibrahim Deris. This morning, Ibrahim Deris seemed modest as well as amiable. Perhaps, a large crowd quiet him. Perhaps, he realised which his letter 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 young crony as well as challenging counsel Rosli Dahlan who would brook no nonsense from public officials who abuse their power. Whatever it is, we remarkable which Ibrahim Deris was patently trying to fool around a public family card. we was proven right when a probity record started.
acting for Nik Raina, is my young crony as well as challenging counsel Rosli Dahlan who would brook no nonsense from public officials who abuse their power. Whatever it is, we remarkable which Ibrahim Deris was patently trying to fool around a public family card. we was proven right when a probity record started. we found it bizarre which despite this being a box instituted by a Syariah Chief Prosecutor, as evident 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 then told a Syariah Judge which although he asked for a box to be expedited, it is his prerogative 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 audacity upon his partial to have it crop up which he is looking an adjournment in a seductiveness of justice. we gamble that's what a mainstream media esp! ecially a UMNO aligned newspapers will report upon a following day.
we 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 assist a rapist case; this man now has a impertinence to have it crop up which he is consenting to a stay of a record in a syariah court.
After preferring a charge opposite Nik Raina; after asking to assist a rapist case; this man now has a impertinence to have it crop up which he is consenting to a stay of a record in a syariah court. we was delighted when Rosli Dahlan stood up to tell a Syariah Judge which in tangible fact, yesterday, a Court of Appeal had issued an Order opposite a JAWI Syariah Chief Prosecutor from move any serve opposite Borders as well as a employees together with Nik Raina.
Rosli read out a conditions of a Court of Appeal Order which demonstrated which a only 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 seductiveness of probity as he attempted to portray it.
Rosli then narrated which a tangible discuss date as bound by a Syariah Court is September 19, 2012 as well as a only reason parties have been in probity currently is since Ibrahim Deris had asked for a Syariah rapist box to be expedited. Implicit was a actuality which Ibrahim Deris had attempted to by-pass 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 beforehand 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 yet criminialized by a Home Ministry under s. 7 of a Printing, Presses as well as Publications Act.
A Conflict of Jurisdiction 
That is because a A-G Chambers opposed Borders' Leave, Stay as well as Judicial Review applications all a way.
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Rosli explained which by jumping a gun, JAWI had caused a dispute of office which can only be motionless by a polite courts as a Syariah Court is not vested with office to interpret a provisions of a Federal Constitution upon a separation 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 publication which is a demonstrate as well as disdainful reach of a Federal List of a Federal Constitution.
Wow! It seems Nik Raina's box will go down in a law journals for these deep authorised 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 criminialized a book.
Thus, we was agreeably astounded to note when Syariah Judge Abdul Walid Abu Hassan nodded with bargain as well as approval to Rosli's explanation. The Syariah Judge even remarked which he agreed 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 subsequent discuss date, he may postpone a Syariah rapist box further.
Syariah Judge Abdul Walid was Open Minded as well as Fair
What a breath of uninformed air! Here was a Syariah Judge who could appreciate a authorised enigma which JAWI had combined 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 earnest as well! as woul d raise a picture of a Syariah Court. For a first time, we schooled to pull a distinction in in between a Syariah Court as well as a JAWI Syariah Chief Prosecutor.
While a Syariah Court showed a little semblance of discretion as well as independence, we can't say a same about a Syariah Chief Prosecutor, Ibrahim Deris. This man 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 because a A-G Chambers opposed Borders' Leave, Stay as well as Judicial Review applications all a way. The A-G Chambers acts in fait accompli to all a wrongful conducts of a Syariah Chief Prosecutor.
Instead of editing 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 wrongful movement by fortifying it in a polite High Courts as well as a Court of Appeal.
we won't be astounded if A-G Gani Patail will additionally encourage a Syariah Chief Prosecutor to interest opposite Nik Raina all a approach if she gets acquitted. After all which was what A-G Gani Patail did to Rosli Dahlan. Gani Patail appealed opposite Rosli's exculpation as well as let a rapist box cling to over Rosli's head for 5 years prior to withdrawing a interest upon a really day it was bound for conference final week. How more impolite can which be?
Deja Vu'
So, it is an irony of hold up which Rosli Dahlan, who was himself a victim of persecution, is now fortifying Nik Raina in this syariah rapi! st case. So, we have dual impolite group helming a Syariah Prosecution as well as a Malaysian Public Prosecution.
It is group similar to a A-G andthe Syariah Chief Prosecutor who give a rapist probity complement a bad name. They take to court a trusting for a wrong reasons. They abuse their powers as well as practise a Rule by Law rather than a Rule of Law. Some will say Deja Vu'!
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