Borders store manager seeks suspension of prosecution

Borders Gardens store manager Nik Raina Nik Abdul Aziz, who is embroiled in a case over the distribution of the controversial Allah, Liberty and Love book, has sought to seek a suspension of the prosecution by the Federal Territory Islamic Department (Jawi) on her at the Syariah High Court.

This is despite Borders and her having obtained an order from the civil court’s Court of Appeal for a suspension of the proceedings until the disposal of its judicial review application.

Counsel Rosli Dahlan said he is seeking a suspension of the prosecution following the Jawi chief prosecutor having commented to the media that he was not bound by the civil court’s proceeding.

“Hence, this led to the application which we have submitted on Monday,” he said.

Nik Raina and Berjaya Books Sdn Bhd, which operates the Borders chain, had also filed another application to strike out the prosecution’s action.

Jawi prosecutor Che Sauki Che Husin said they will need time to reply to the affidavit and sought an adjournment.

Following this Syariah High Court judge Abdul Walid Abu Hassan has fixed Nov 19 to hear submissions and Jan 23 for decision on the application.

Abdul Walid also told the court there is no need for him to hear the striking-out application as this is pending to the decision of the judicial review application.

Nik Raina was charged by Jawi with the distribution of the book at the Borders Gardens book store on May 23 this year.

However, the Home Ministry only declared a ban of the book written by author Irshad Manji six days later, resulting in this protracted battle in the civil and Syariah courts.

[More to follow]