Syariah Court to await Jawi's civil appeal in Borders case

The Kuala Lumpur Syariah High Court has today ordered a stay of proceedings in the prosecution case of Borders bookstore manager Nik Raina Nik Abdul Aziz.

This is pending an appeal by the Federal Territories Islamic Department (Jawi) at the Court of Appeal over the civil KL High Court's March 22 decision against Jawi to withdraw the charge against Nik Raina for distributing the book ‘Allah, Liberty and Love’.

Earlier, Jawi prosecutor Che Saufi Che Hussin told Syariah High Court judge Abdul Walid  Abu Hassan that they respected the civil High Court's decision but has left it with the Syariah High Court jurisdiction under Section 103 of the Syariah Criminal Proceedings Act to decide on withdrawing the charge against Nik Raina.

He also told the court they are appealing the civil court's decision but have yet to obtain a date.

However, Nik Raina's lawyer Rosli Dahlan said that Jawi's application for a stay on the civil court’s decision, pending its appeal, has not been allowed and that the Syariah Court could use its jurisdiction under Section 96 of the same Act to allow the withdrawal.

Normally, when the prosecution withdraws a charge at the civil courts, the Syariah Court would withdraw the charges there without much hassle.

Syariah Judge Abdul Walid, however, noted that the matter had not gone to trial to determine whether Nik Raina was guilty of distributing the book when she made the civil High Court application to challenge the charge.

"This may result in a conflict of jurisdiction when we have other offenders like khalwat (those committing close proximity) to challenge the charge," he said.

Hence, he said the Syariah Court we will await the appeal process in the civil court to determine whether Section 13 of the Syariah offences Act, which Nik Raina is charge with, is proper or not.

[More to follow]