The Kassim Ahmad Defence Fund


October 17, 2014

George Town, Penang

The Kassim Ahmad Defence Fund: Fight Arrogance of Power and Defend Justice

by Din Merican

kassim ahmad1Kassim Ahmad Arrested in Classic Mossad Covert Style by JAWI

On  March 26, 2014, officers of the Jabatan Agama Wilayah Persekutuan (JAWI) went to the northern state of  Kedah. They stormed and broke into the house of Malay scholar and public intellectual, Kassim Ahmad and abducted him in a 5 hour van-ride to Penang and then put him on board a midnight Air Asia flight to KLIA bound for Kuala Lumpur. This was a classic Mossad covert style raid and kidnap which had to be done under the cover of darkness.

JAWI’s territorial limits is only the Federal Territory which is Kuala Lumpur and JAWI had transgressed that territorial limit. But, JAWI  was not bothered. JAWI then interrogated the 80- year old Kassim Ahmad overnight and then charged him in court the next morning for defiling Islam. By then Kassim’s wife had made her way down from Kedah to Kuala Lumur to bail him. But she was disappointed. They refused to allow her to post bail for him because they said the bailor must be a Wilayah Persekutuan resident. And because she is a Kedah resident, she did not qualify. This is one of the perverse things JAWI did. There were many more.

Kassim and RosliUpon advice from his lawyer, Kassim Ahmad filed a Judicial Review to challenge JAWI’s actions. Judicial Review is a special type of legal action where the civil High Court is empowered to review the conduct of public authorities and public bodies from acting in an illegal manner. Because it is a special type of legal suit, a person like Kassim will need a special permission (Leave) to file a Judicial Review.

In Malaysia, defiling Islam is a serious syariah criminal charge. The state of Terengganu even issued a fatwa declaring Kassim Ahmad a Murtad (Apostate). But JAWI did not do that because if it did, then JAWI cannot proceed with the Charge against an apostate as an apostate is, by definition, not a Muslim.

So, what was this serious charge about? Kassim is charged for purportedly delivering an academic lecture at the Perdana Foundation officiated by former Prime Minister Tun Dr Mahathir Mohamed. There you have it, this whole covert style prosecution is just about an academic lecture.

Most Muslims in Malaysia, including Judges, will become a bit troubled to show sympathy to anyone who is charged with defiling Islam. So, Kassim’s attempt at getting Leave was rejected because the High Court Judge, Justice Dato Zaleha Yusof, said that the civil courts do not have jurisdiction over a religious body. That seems to be a lame excuse. But never mind.

Kassim had to appeal and  the Court of Appeal agreed with him and directed the High Court to hear the Judicial Review. The Attorney-General’s Chambers then asked for more time to file affidavits for the Religious Minister, JAWI and the Syariah Prosecutor who are the Respondents in the Judicial Review. And this is where JAWI again shows its incoherent behavior as reported by Malaysian Insider and Malaysiakini. It would appear JAWI wants to bring about a collision course between the civil court and the syariah legal systems.

READ:http://www.themalaysianinsider.com/malaysia/article/religious-court-on-collision-course-with-civil-court-over-kassim-ahmads-cas

READ:http://www.malaysiakini.com/news/269747 

Syariah Courts are located in the same complex as the Court of Appeal and the Federal Court called the Palace of Justice. Anyone who has been to the Palace of Justice will admire its beauty as a Palace. But then, can this beautiful Palace also serve its main function to deliver Justice?

If the Syariah Court insist on proceeding with the syariah criminal trial against Kassim whereasAzmi Sharom 3 there is a Judicial Review pending that has been ordered by the Court of Appeal, then the Syariah Court is courting problem. I suggest the Syariah Judge should introspect if that is what he wants to do- cause a crisis.

Until then, we Malaysians can only show our displeasure to these antics by JAWI by supporting Kassim Ahmad’s cause. We can do that by contributing to his defence fund. We can create this fund to support Kassim Ahmad and all other persecutions that endanger our liberty and freedom. In supporting Kassim Ahmad and others like Azmi Shahrom, we are securing a guarantee of our fundamental liberties.

To show your support, please send your contribution to this Maybank Account No: 514011895152.

 

Copgate suit against Utusan, MACC finally fixed


October 10, 2014

Rosli Dahlan’s Faith in the Malaysian Justice System is unshakeable?

by Din Merican

Yesterday, Malaysiakini’ s Hafiz Yatim drew our attention to the fact that, finally, Lawyer Rosli Dahlan’s RM50 million law suit for the conspiracy committed against him by the MACC and Utusan Malaysia will be going to trial.

Rosli Dahlan (new)His Quest for Justice shouldn’t be in vain

Most of us were not aware that Rosli’s law suit was twice denied from proceeding by two High Court Judges, namely Justice John Louis O’ Hara and Justice Hew Siew Kheng. Only because Rosli persevered by appealing to the Court of Appeal not once but twice that he was able to get the case back on track.

It is like the deliberate derailment of a train. Any lesser person would have crumbled. But not Rosli. He is truly an idealist. His faith in the judicial system is unshakeable like his faith in religion and Allah. And he pursued with what he believed to be his right to seek redemption and justice in a court of law.

The Nasty TrioAnd even as he succeeded to put that case on track, he has been denied from consolidating that case with another RM50 million law suit that he filed against A-G Tan Sri Gani Patail, former IGP Tan Sri Musa Hassan, current MACC Chief Commissioner Tan Sri Abu Kassim and former MACC Director of Prosecution, Dato Nordin Hassan, who was recently elevated to the position of a High Court Judge.

What I was alarmed at is the fact that, here is a senior lawyer whose playground is the courts and the very court system almost let him down. What I was deeply disturbed at is that there seemed to be an unseen hand which, firstly, did not want his case to even see its day in court. And then, when there seems to be an impartial Judge like Dato Nik Hasmat and Judicial Commissioner Vazeer Alam Mydin Meera, again the case is removed and sent to another Judge.

I am sure the new 4th Judge of his case, Justice Yang Ariff Dato’ Su Geok Yiam will be fair to Rosli and give him the justice that he so much deserves regardless that one of the defendants is a sitting Judge Dato Nordin Hassan.

That, however, begs the question– should Nordin have been elevated to be a Judge when there is a lawsuit that named him as a perpetrator to subvert justice? That fact is already proven when Rosli was acquitted and the Courts ruled that the case against him was a sham. That is the impression I get from reading Hafiz Yatim’s report yesterday.

I have seen my young friend and lawyer Rosli Dahlan devastated and down so many times before when the odds were against him that I am compelled to caution him not to be too idealistic, not to be naïve in believing that he can get justice when he wins his case.

I wish to only point out to Rosli that as much as he believes in the justice of the God of Islam,  it is the spokespersons of Islam like Jabatan Agama Islam Wilayah (JAWI) and Jabatan Agama Islam Selangor (JAIS) who are the persecutors of Borders’ Nik Raina, Malay scholar Kassim Ahmad and prolific publisher Ezra Zaid (son of Zaid Ibrahim). The custodians of the law are the very persons who abused it with impunity.

So, before Rosli suffers another heartbreak from his faith in religion and God, I just wish to quote to him an old Roman saying : “Religion is regarded by the common people as true, by the philosopher as false, and by the rulers as useful.”– Seneca,  2000 years ago

Now read what Malaysiakini reported (below). Fighting Whitehall is tough business. Those in it are fighting you using taxpayer’s money and the court’s time. Let us pray for Rosli that his faith win God and religion will not forsake him.

To Justice Dato Su Geok Yam (right),  I say say please administer justice as it is your job. Here isdato_su_geok an opportunity for you to do the right thing. Stop the persecution of a lawyer who has the guts to fight Whitehall in order to regain his dignity and honour. I have been following Rosli Dahlan and Ramli Yusoff over a number of years and attended their court proceedings, and have reported their fight for justice on my blog when the mainstream chose to ignore them. The time for closure is long overdue . Justice must again be seen to be done.

_____________________

Copgate suit against Utusan, MACC finally fixed

by Hafiz Yatim@www.malaysiakini.com

http://www.malaysiakini.com/news/277008

After a slew of judge changes, the RM50 million civil suit lawyer Rosli Dahlan filed against Utusan Malaysia and the Malaysian Anti-Corruption Commission (MACC) over what is known as theCopgate affair‘ has been fixed for hearing for five days from Nov 10.

This follows questions surrounding the arrest and charge leveled against Rosli on the eve of Hari Raya Aidilfitri seven years ago, on which he had been fully acquitted and cleared.

The trial will be heard before Justice Su Geok Yiam, who will be the fourth judge to hear the matter. The dates were decided yesterday the following case management of the matter before Justice Su.

The matter was initially fixed before Justice John Louis O’Hara, who then struck off Rosli’s suit. Rosli appealed and the Court of Appeal agreed with him and reinstated the suit and fixed before another judge.

Lawyer disallowed to give oral evidence
 
The case was then moved before Justice Hue Siew Kheng, who repeatedly asked the matter to be resolved amicably and quickly, but even then she disallowed Rosli from giving his oral evidence.

On appeal to the Court of Appeal, Rosli successfully set aside Justice Hue’s order and the case was brought before another judge, Justice Nik Hasmat Nik Mohamad. However, Justice Nik Hasmat was also taken off the case at the last minute, and it has now been brought before Justice Su.

Gani PatailRosli had also tried to consolidate this suit with another separate RM48 million suit he had filed against attorney-general (AG) Abdul Gani Patail (left), former inspector-general of police (IGP) Musa Hassan and MACC chief commissioner Abu Kasim Mohamad for malicious prosecution and public misfeasance.

This action he filed separately and together with former Commercial Crime Investigation director Ramli Yusof, who was implicated in the ‘Copgate affair’ and has also filed a RM128.5 million claim.

The Attorney-General tried to have their suit struck out, but KL High Court judicial commissioner Vazeer Alam Mydin Meera ruled the top legal officer in the country was not immune to legal action.

However, the A-G’s lawyers were successful in getting both cases to be heard separately, although the facts and witnesses are the same, and the matter is now stayed following the AG’s appeal.

Five-year wait for hearing!
 
Rosli, a partner at the law firm Lee Hishammuddin Allen and Gledhill, filed the suit against Utusan Malaysia and MACC in 2009 for defamation, assault and false imprisonment leading to his charge in 2007, of which he was acquitted years later.

By then Utusan Malaysia had issued a public apology to Rosli admitting that it had sensationalised and falsified its report and “acted beyond the parameters of ethical journalism”.

Besides Utusan Malaysia, Rosli named 15 defendants including Abu Kassim, who was then MACC’s number two officer, officers from the Attorney-General’s Chambers, Bank Negara and the government as defendants.

Being a director of several large multinational companies and a trustee of an international charitable organisation, Rosli claimed their actions have affected his integrity and good reputation.

His involvement came to light after he tried to help Ramli, who was then entrusted to get rid of the illegal money lending syndicate including a leading underworld figure named Goh Cheng Poh or Tengku Goh, who was allegedly linked to then top cop Musa.

When Goh was placed under restricted residence, the AG’s Chambers did not want to act for the Commercial Crime Department headed by Ramli to challenge the suspect’s habeas corpus application, resulting in Rosli being roped in to draft the affidavits for Ramli, his arresting officers and former Deputy Home Minister Johari Baharom.To make matters worse, Rosli had acted for Malaysia Airlines in several of the national carrier’s international disputes.

 Ramli who was then the number three officer in the police force had also investigated the airline’s losses and had recommended to then Prime Minister Abdullah Ahmad Badawi that action could be taken against former MAS chairperson Tajuddin Ramli for the losses, where if the A-G failed to do so, the Police are up to the task.This allegedly led to the purported fabrication of charges on Ramli being labeled as the ‘RM27 million cop‘ as well as charges leveled on both him and Rosli. It was previously reported that Rosli was later successful in his defamation suit against New Straits Times and the MACC, where both the daily and the MACC were ordered to pay a total of RM300,000, and the decision was upheld by the Court of Appeal.Rosli’s defamation suit against The Star resulted in the MCA-owned daily having to settle with an apology and payment of undisclosed damages to him last year, in order for him to withdraw the suit.

 

Rosli Dahlan wins Appeal against NST and MACC


September 17, 2014

Rosli Dahlan wins Appeal against NST and MACC

By Din Merican

rosli-dahlan2Unknown to many, this morning, the Court of Appeal presided by JCAs Clinton Albert, Hameed Sultan and Nalini Pathmanaban today heard NST’s appeal vs the High Court Judgment of Judge Siti Khadijah Badjenid which held NST and MACC liable for defamation vs Lawyer Rosli Dahlan and ordered NST and MACC to pay RM150, 000.00 each to Rosli (total RM300,000.00). The counsel for NST was Harjinder Kaur and counsel for Rosli was Chetan Jethwani and Parvinder Kaur.

The High Court had found that The NST and MACC had authored and published false news about Rosli by reporting that he was investigated and charged for hiding the assets of Dato Ramli Yusuff which they had dubbed as the RM27million Cop story.

Previously, Utusan Malaysia and The Star newspapers had published public apologies and paid damages to Rosli for publishing similar false stories.. Yet, The NST refused to apologise to Rosli. The NST’s misconduct was further aggravated by the fact that the NST’s reporter, V Anbalaga, had claimed that he had obtained the information from the MACC who wanted the news to be leaked, whereas during the trial the MACC denied leaking any information. Judge Khadijah had found that the MACC had breached s.21(4) of the ACA Act by leaking confidential investigation information.

What was comical about the whole thing was that the MACC even republished the NST article on its website and later claimed that the MACC Publication Unit did not know about the case but just adopted the false NST story. During the trial witnesses for NST and MACC blamed each other just to avoid liability. That is how these liars behaved when they are caught lying!

During the hearing this morning, the Court of Appeal Judges asked why the MACC did not appeal if they did not do any wrong to Rosli and if the story that was published on the MACC website was true. They also questioned NST’s lack of remorse by appealing when MACC did not appeal.

Judge Hamid Sultan asked why the NST started and popularised the RM27milion story when the charge against Rosli and Dato Ramli did not mention any amount at all. Judge Hamid Sultan also said there was no basis for stating that amount or that story which was false and indicated malice on the part of the NST- “News cannot add on untrue stories,embellished it to be a fairy tale. Only real news enjoy any privilege.”

Judge Linton Albert said- “The Sting of the Defamation is that you stated he hid RM27milion or that he was charged for RM27milion when that was totally untrue!” When Court resumed at 12.50pm, the Chairman of the Panel dismissed NST appeal and ordered NST to pay cost of RM20,000.00 to Rosli Dahlan.

Rosli Dahlan may lose license over the letter to Prime Minister


September 8, 2014

What has Rosli Dahlan done to deserve this kind of treatment from JAWI? Is it because he chose to write at his client Sdr. Kassim’s instructions to our Prime Minister with regard to his prosecution. It is normal for any citizen to communicate with the PM. After all, JAWI is under the Prime Minister’s Department.It is the appropriate channel for this purpose.

I have been trying to figure out the real motivation behind this move. My feeling is that JAWI is attempting to prevent this very competent lawyer from representing Sdr. Kassim. If this is the case, this action is more serious than I originally thought. It is wrong to deny Sdr. Kassim his right to be represented by a lawyer of his own choice. Good sense must prevail to ensure that justice is upheld under Syariah Law. Otherwise, the  Syariah court will be seen to be acting against the cause of Justice, thereby tarnishing its image further. –Din Merican

Rosli Dahlan may lose license over PM letter

by Haiz Yatim@www.malaysiakini.com

Rosli Dahlan, the lawyer representing scholar Kassim Ahmad, is in a quandary following complaintsrosli-dahlan2 lodged by the Federal Territory Islamic Department (JAWI)) to the Syarie Lawyers Committee.

This is over Rosli’s letter dated June 13, which he and his firm wrote and sent to Prime Minister Najib Abdul Razak, and copies handed to Kedah Menteri Besar Mukhriz Mahathir and JAWI dated June 13, warning of a possible constitutional conflict if JAWI is allowed to continue prosecuting Kassim.

He alleged that JAWI’s action in arresting Kassim  in Kedah, without informing the authorities there and bringing him back to the capital, may constitute a violation as Kedah has its own religious department and what he said was not declared illegal in that state.

Following the PM and Mukhriz not looking into that possible violation, the scholar filed a judicial review application at the civil High Court contending the charge. JAWI’s Chief Prosecutor then complained in a letter sent to the committee on July 8, that this could be deemed as interference against Kassim’s prosecution.

Jawi’s letter to the committee was sighted by Malaysiakini where it issued a show-cause letter dated Aug 14, asking Rosli to explain his conduct in issuing the letter to Najib and Mukhriz.

Conflict of interest

Kassim AhmadChecks on the web on the committee revealed its members included the Chief Syarie Judge, the Attorney-General or his representative and the Chief JAWI prosecuting officer, two members appointed by the committee and a registrar. As JAWI’s Chief Prosecuting Officer is also the complainant in the case, it may bring in conflict within the committee when it hears the application.

Rosli, who is a syarie lawyer since 1988 before the Administration of Islamic Law (Federal Territory) 1993 was enacted, also acted for Borders store manager Nik Raina Nik Abdul Aziz, where his opposite number is the JAWI Chief Prosecuting Officer. Hence, sources deemed the action by JAWI as also trying to stop Rosli from representing the two.

In the Borders case, the Kuala Lumpur High Court had struck out the Syariah charge where it is deemed unconstitutional as JAWI had taken action on Nik Raina before the book by Canadian author ‘Allah, Liberty and Love’, was banned. The Borders matter is still pending decision at the Court of Appeal following JAWI’s appeal.

 

 

In Defense of University of Malaya Law Professor Azmi Sharom


September 2, 2014

In Defense of  University of Malaya Law Professor Azmi Sharom

by Din Merican

The Malaysian Insider, Malaysiakini, and other news portals have reported that University of Malaya LawAzmi Sharom Professor Azmi Sharom will be charged with sedition later today ( September 2) over his remarks on the Selangor Menteri Besar crisis. He joins the ranks of a number of Opposition politicians – PKR Vice-President Rafizi Ramli, Padang Serai MP and Lawyer for Anwar Ibrahim, N. Surendran (PKR), Shah Alam MP and PAS central committee member Khalid Samad, and Seri Delima assemblyman R.S.N. Rayer (DAP) –who have been charged under the Sedition Act, 1948.

Seputeh MP Teresa Kok (DAP) and Batu MP Tian Chua (PKR) are also facing trial for sedition, while former Perak MB and Changkat Jering assemblyman Nizar Jamaluddin (PAS) was charged with criminal defamation for a statement he had allegedly made two years ago. But Professor Sharom is the  first academic and civil society activist to be hauled up before our courts on charges of sedition. That is shocking news  to me since I know Professor Sharom well as a man of integrity and reason. In fact, from time to time I have hosted his articles, which are also carried in his column in The Star. These are well written, lucid, constructive, positive and responsible. He is critical but never seditious since he knows his limits.

Azmi is critical but never seditious since he knows his limits.

Azmi is critical but never seditious since he knows his limits.

Why is Prime Minister Najib resorting to the use of The Sedition Act to silence critics of his government? A confident government is always prepared to engage its citizenry. Could he be responding to Tun Dr. Mahathir’s criticisms of his leadership and policies? And that in order to show that he is actually not a weak leader, he has resorted to strong arm tactics to prevent Malaysians from speaking up about  politics, social policy and other matters. Given his wide experience in government and politics, he should know that efforts to silence mounting critical voices will be counterproductive. The best option is to communicate more effectively with civil society, address its concerns and take action. Silence is not golden when it comes public dissent.

Taking on a popular academic like Professor Sharom is, therefore,  Najib’s miscalculated move. It will not silence his critics. Repression is not the answer. I read Amartya Sen’s The Argumentative Indian, a book of essays on Indian history, culture and identity, some years ago (in 2002 to be exact). It contains useful pointers about the value of dissent and critical discourse. In the context of what is happening in our country where dissent is being suppressed, I wish to quote this brilliant Nobel Prize Laureate in Economics, who said in the Preface to his book :

Sen“Discussions and arguments are critically important for democracy and public reasoning. They are central to the  practice of secularism and for even-handed treatment of adherents of different religious faith (including those who have no religious beliefs). Going beyond these basic structural priorities, the argumentative tradition, if used with deliberation and commitment, can also be extremely important in resisting social inequalities and in removing poverty and deprivation. Voice is a crucial component of the pursuit of social justice.

…the critical voice is the traditional ally of the aggrieved,and participation in arguments is a general opportunity, not a particularly specialized skill…”

Professor Sharom is that critical voice in our civil society. He is indeed among a rare breed of individuals with a courage of conviction. He is not afraid to speak his mind. Maybe because of this priceless quality, he is now being singled out for prosecution. But I am confident that our courts will see it fit to dismiss the charge of sedition against him. Let him be free to get on with his duty, which is to educate our young generation on the importance of the Rule of Law, critical discourse, and human justice.

Kassim Ahmad and Borders: What more do you want, JAWI?


August 23, 2014

MUST READ this:

http://www.themalaymailonline.com/malaysia/article/judges-slam-islamic-authority-for-premature-raid-on-borders. Good news for Borders and its Lawyer Rosli Dahlan.–Din Merican

The Persecution of Public Intellectual Kassim Ahmad and the continuing Borders Saga: What more do you want, JAWI?

by Din Merican (August 22, 2014)

Kassim AhmadSome weeks back I wrote about the persecution of Kassim Ahmad who was sensationally dragged by Jabatan Agama Wilayah Persekutuan (JAWI) from his home in Kulim, Kedah to Putrajaya to be charged in the Syariah Court for just delivering a lecture at the Perdana Foundation of Tun Dr Mahathir Mohamad. READ– (http://dinmerican.wordpress.com/2014/07/24/the-persecution-of-kassim-ahmad-a-g-gani-patail-loses-again/)

Today, I wish to remind my friends and readers that some two years ago JAWI did a similar thing against a book by Irshad Manji. On May 23, 2012, Borders Bookstore in the Gardens Mid-Valley, Kuala Lumpur was raided in the most sensational manner by JAWI accompanied by a horde of mainstream press.

The news spread like wildfire that JAWI had raided an international book chain and seized books by Canadian writer Irshad Manji – “Allah Liberty & Love”.That was exactly what JAWI wanted – big publicity  to sound to the rest of the world that it is the custodian and defender of Islam in Malaysia against the Kafirs (Infidels) who are out to destroy Islam. The only problem with that raid was that the book had  not been banned by the Ministry of Home Affairs when JAWI raided Borders.

The book was only banned 3 weeks later on June 14 ,2012. Like the Mongol hordes who stormed Baghdad and  captured and destroyed the biggest Muslim library in history, JAWI needed a war booty. But JAWI was not interested in the books in Borders. JAWI wanted a trophy as a measure of that successful raid.  Furthermore, JAWI needed to charge someone for a crime that was not a crime at that time to assert its power. That was when JAWI realised (but it did not have the courage of conviction to admit)  that it had a problem.

JAWI and the Syariah laws are only applicable to Muslims because these are personal laws in Malaysia. JAWI also discovered that it could not charge Borders because it was a company, and a company did not have a religion.

JAWI could not charge the author because Irshad Manji is Canadian and the Canadian Government would fight JAWI if JAWI managed to get their hands on her. Neither could JAWI charge the General Manager of Borders who was responsible for choosing to sell the book, one Stephen Fung, because Mr. Fung is a Christian. But that did not bother JAWI one  wee bit. It needed a trophy.

JAWI just went down the line and pounced upon a poor Malay Muslim store manager, Nik Raina Nik Abdul Rashid and charged her for selling a book that  allegedly offended Islam. That was the beginning of Nik Raina’s nightmare. Overnight, she became an enemy of Islam. Overnight, her life changed and the Malay Muslim community  was made to believe that Nik Raina was a supporter of LBGT.

A few weeks later, Ezra Zaid (son of former Law Minister in Badawi’s Cabinet, Dato Zaid Ibrahim), the publisher of the Bahasa Malaysia version of the book titled” Allah Kebebasan dan Cinta” was also charged. That started the unending saga of this insanity.

Nik Raina CaseJAWI thought they had an easy task that these two Malays would just plead guilty and not fight the powerful religious authority. But JAWI did not count on the fact that Borders is owned by Berjaya Corporation, whose new head honcho, Dato Robin Tan, has a different view of the world. The young Robin Tan is not one who would bow to the bullying tactics and threats of JAWI. To make things more exciting, the Chief Operating Officer of Borders is a feisty lady lawyer named Yau Su Peng who would not tolerate any injustice against her staff.

I have written about this on several occasions. READ (http://dinmerican.wordpress.com/?s=The+Borders+Case&submit=Search). What I wanted to say was that this– now two years later the Borders saga has not ended despite Borders and Nik Raina having won their cases in the Civil High Court. It appears that JAWI just simply refuses to back down. These bureaucrats of Islam think they are a force unto their own. They are under the illusion that they exist separately with unfettered powers that cannot be countermanded even by our High Court.

My reporter friends tell me that unknown to most Malaysians, yesterday and today, Borders’ lawyers and the government lawyers from the A-G Chambers have been battling it out in the Court of Appeal No. 4 to finally determine whether JAWI can charge Nik Raina for an offence which, in fact, was not an offence at the time of the raid. What a waste of taxpayers money, and the Court’s time.

I was surprised. I would have thought that Borders case is a very simple one. Common sense and logic will  tell us that JAWI cannot do such a thing. But the problem is that the Attorney-General, that notorious Tan Sri Abdul Gani Patail, is behind JAWI. He filed an appeal against the High Court decision of Tudung Judge Dato Zaleha Yusuf. How can Borders and its agent be charged with an offence when there was no offence at the time of the JAWI raid on the Borders Mid-Valley bookstore? This is ridiculous to say the least. Only in Malaysia that this can happen.

Why would the A-G encourage JAWI in their silly actions? Since it was the A-G who appealed, the Court of Appeal Judges will have to take things seriously. I am told that the Court of Appeal hearing was presided by Appeal Judges, Dato’ Mah Weng Kwai, Dato’ Zawawi Salleh and Dato’ Umi Kalthum. I hope these Appeal Judges will deliver a decision that will appeal to the public’s logic and common sense, and not embark on some excursion of legalities, which does not serve the public interest.

While all these are taking place, my contacts in the Majlis Agama have asked me to tell Lawyer RosliRosli-Dahlan Dahlan (right) to tone down or face the consequences. Apparently, the Jabatan Agama now regards any lawyer who goes against them as the enemy and will have to face dire consequences.

I tried many times unsuccessfully to call Rosli. First, I wanted to wish Rosli Happy Birthday. Second, I wanted to alert him of what I had heard. When I finally spoke Rosli, he sounded sombre and puzzled. When I told him what I had heard, he was not at all surprised.

He told me that my warning came a bit too late.  “It has already happened Din. They had to do it. On my birthday, they served me with a Notice to Show Cause in the Kassim Ahmad’s case”, he said.

I was speechless. I tried to calm Rosli only to hear him saying this, as if to himself –“I have kept my Syariah Law practice since 1988, not as a livelihood but because I felt I could serve to help develop the law. I don’t make any money Din. But if they want to disbar me just for fighting these sort of cases, is it worth it Din?”

I am now thoroughly disgusted with JAWI (and also the A-G Chambers). Why the need to do this to Rosli Dahlan. Apa Mau Lagi, JAWI (What more do you want, JAWI) – shoot the Messenger? ( READ :http://dinmerican.wordpress.com/2014/05/19/rosli-dahlan-an-emerging-human-rights-and-civil-liberties-lawyer/)