Retrial for Christian charged with khalwat

The case of Halimah, a Christian migrant worker who was controversially arrested in 2011 and charged with khalwat (close proximity), has taken a dramatic turn with the matter set for retrial.

According to Cecil Rajendra, who is holding the watching brief on behalf of the Penang Bar Committee, the Syariah Appeals Court has ordered the lower court to conduct a retrial of the case.

Cecil (right) said the Syariah Appeals Court made the decision after the Indonesian Consulate in Penang requested for a review of Halimah's case and for the khalwat charge to be dropped.

Halimah, 42, a therapist, allegedly committed the offence on Dec 8, 2011, at her workplace, a reflexology centre.

She pleaded guilty to the offence on May 15, 2012, but her lawyer, Wan Faridulhadi Mohd Yusoff, said Halimah did so as she did not understand the charge, which was not properly read out to her in court.

"Indonesian Consulate-General Ronald JP Manik made the request via a letter to the Penang Syariah Court Chief Justice Abdul Walid Abu Hassan on April 28," Cecil said at a press conference today.

"This letter is not intended to interfere with the on-going case but simply to draw attention to Article 74 of the Islamic Religious Administration Enactment, which states that no decision of the Syariah Lower, Higher or Appeals courts can involve any right or property of a non-Muslim," states Manik's letter, which Cecil read out.

'We'll make sure it's done properly'

With the letter, Manik provided verified documents belonging to Halimah - her family registry card and a copy of her baptism letter - to prove that she is Catholic.

On June 11, Syariah Appeal Court chief registrar Jasmin Ismail wrote to the Indonesian Consulate saying that the court has decided to strike out thekhalwat charge against Halimah.

Halimah (left) was sentenced to 14 days in jail and fined RM3,000 by the Penang Syariah Lower Court for khalwat on Feb 28, 2012, under Section 27(b) of the Criminal Offences of Penang Enactment 1996.

Her appeal in September 2012 to the Syariah High Court was rejected as the court, which upheld the Syariah Lower Court's decision.

Halimah appealed the decision at the Syariah Court of Appeal on March 18 but no date has been fixed for the hearing.

When contacted, Wan Faridulhadi said a retrial at the syariah lower court means that the court needs to re-read the charges against Halimah.

"This time we will make sure that the charges are read out properly to Halimah and that she understands what is being read out in court.

"We will also make sure that Halimah gets proper representation as she was not properly represented when she pleaded guilty.

"We will also reassert the fact that since Halimah is a Christian, the syariah court has no jurisdiction over her," Wan Faridulhadi said.