Kassim seeks discharge from Putrajaya Syariah High Court

Scholar Kassim Ahmad, through his lawyer Rosli Dahlan, today applied to the Putrajaya Syariah High Court to free or to give him a discharge not amounting to an acquittal.

However, the prosecution in the case, led by its Federal Terrotory syariah chief prosecutor Mohamad Adib Hussin, said they intend to file a notice for leave to appeal to the Federal Court.

"We have sought instructions and will file the appeal. We have until tomorrow to file the application following the decision made by the Court of Appeal on Dec 21," he said, adding that they are applying for a postponement.

However, Rosli argued that the chief prosecutor and the respondents have yet to appeal as they have to seek leave to appeal before the apex court.

"They have not applied for a stay of the decision that ruled Kassim’s arrest to be illegal. There is a mandamus and a certiorari order for them to comply, but they have not done so.

"In the interest of justice, my client should be freed as the prosecution has not obtained leave from the Federal Court and there is no stay application made. The other option is to grant a discharge not amounting to an acquittal."

Rosli (photo) said that as in the Nik Raina Nik Abdul Aziiz case, the court granted a discharge not amounting to an acquittal.

In that case(of Nik Raina), the lawyer said the prosecutors applied for leave at the Federal Court but the Syariah High Court judge granted a discharge not amounting to an acquittal in the interest of justice to ensure there is no charge hanging on her head while awaiting the order.

So, Rosli said, what more in this case concerning Kassim, where the prosecution has yet to file leave to appeal or stay the Court of Appeal order.

After a short break, Syariah High Court judge Azzeman Husin called the parties into chambers and informed them that he would make a decision on the matter on Feb 22.

Justice Azzeman also asked Adib, before the break, whether it was certain they were appealing the matter before the Federal Court.

Kassim, 83, is charged with three counts of degrading Islam following a lecture he gave at the Perdana Foundation in February 2014.

[More to follow]

-Mkini