August 8, 2012
Nik Raina: Victim of a Perverse Syariah Chief Prosecutor
by Din Merican
This morning (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 suffer 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 expedite a box opposite Nik Raina in an apparent attempt 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 just is so offensive about which book is unclear. What is transparent is which Nik Raina faces a RM3,000 excellent or dual years' jail or both underneath Section 13(1) of a Syariah Criminal Offences Act (Federal Territories) 1997, if convicted. That is how severe things can be if you work as a book store manager in Malaysia. That is a message which JAWI is sending out to a whole 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 different creed 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 brunt of a powerful JAWI Syariah Chief Prosecutor. It is enlivening which Malaysians come together united opposite what they perceive to be an unjust 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 conceit displayed progressing by a Syariah Chief Prosecutor, Tuan Ibrahim Deris. This morning, Ibrahim Deris seemed meek as well as amiable. Perhaps, a large throng cowed him. Perhaps, he realised which his minute antiquated Jun 27, 2012 to a Syariah Court about wanting to have a box expedited in order to means him an opportunity to residence a media as well as bloggers had gone viral.
Perhaps Ibrahim Deris had suddenly realised which his opponent, a counsel 
acting for Nik Raina, is my immature crony as well as challenging lawyer Rosli Dahlan who would brook no nonsense from open officials who abuse their power. Whatever it is, we noted which Ibrahim Deris was obviously perplexing to fool around a open family card. we was proven right when a probity proceedings started.
I found it strange which despite this being a box initiated by a Syariah Chief Prosecutor, as clear from a title 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 postponement of a rapist proceedings 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 seduc tiveness of justice. we bet that's what a mainstream media especially a UMNO aligned newspapers will report upon a following day.
I was irritated. we was angry 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 right away has a cheek to have it crop up which he is consenting to a stay of a proceedings 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 move any further opposite Borders as well as its employees together with Nik Raina.
Rosli read out a terms 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 seductiveness of probity as he tried to execute it.
Rosli then narrated which a tangible discuss date as bound by a Syariah Court is Sep 19, 2012 as well as a usually reason parties are in probity today is since Ibrahim Deris had asked for a Syariah rapist box to be expedited. Implicit was a fact which Ibrahim Deris had tried 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 are contrary to hukum syarak during a time when a Irshad Manji's book was not nonetheless criminialized by a Home Ministry underneath s. 7 of a Printing, Presses as well as Publications Act.
A Conflict o! f Jurisd iction
Rosli explained which by jumping a gun, JAWI had caused a dispute of office which can usually be motionless by a polite courts as a Syariah Court is not vested with office to interpret a supplies of a Federal Constitution upon a subdivision of legislative powers in 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 express 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 pleasantly astounded to note when Syariah Judge Abdul Walid Abu Hassan nodded with bargain 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 allowed to be disposed initial prior to a Syariah rapist trial can proceed.
Syariah Judge Abdul Walid did not appear a slightest bid upset 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 disposed 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 exhale of fresh air! Here was a Syariah Judge who could conclude a authorised enigma which JAWI had combined in causing a dispute in in in between a polite courts as well as syariah probity by their reckless action. we was speedy by such open mindedness upon a partial of a Syariah Judge. This, we thought, is promising as w! ell as w ould raise a picture of a Syariah Court. For a initial time, we schooled to draw a eminence in in in between a Syariah Court as well as a JAWI Syariah Chief Prosecutor.
While a Syariah Court showed a little emergence of discretion as well as independence, we can't say a same about a Syariah Chief Prosecutor, Ibrahim Deris. This male behaves just like 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 opposite Borders' Leave, Stay as well as Judicial Review applications all a way.
The A-G Chambers acts in fait accompli to all a prejudicial 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 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 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 hang over Rosli's conduct for five years prior to withdrawing a interest upon a really day it was bound for hearing final week. How more perverse can which be?
Deja Vu'
So, it is an irony of life which Rosli Dahlan, who was himself a victim of persecution, is right away fortifying Nik Raina in this syariah rapist case. So, you have dual perverse group helm! ing a Sy ariah Prosecution as well as a Malaysian Public Prosecution.
It is group like 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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