Wednesday, May 13, 2015

Jawi finally forced to abandon Borders case

2:13PM May 13, 2015
By Hafiz Yatim

Three years after wrongfully prosecuting Borders store manager‎ Nik Raina Nik Abdul Aziz (photo), the Federal Territory Islamic Department (Jawi) has buckled under the threat of contempt proceedings and is withdrawing its action.

Ja‎wi had in a letter dated Monday agreed to withdraw their action and appeal against Nik Raina's acquittal at the Syariah Court of Appeal.

The letter from Jawi was signed by its chief prosecutor ‎Mohamad Adib Husain and a copy of the letter was sent to the Syariah Court yesterday.

Malaysiakini has sighted a copy of the letter sent.

It was reported on Saturday that Borders through its lawyers from the firm of Lee, Hishammuddin, Allen and Gledhill had threatenedcontempt proceedings against Jawi's director-general and chief prosecutor.

Borders' counsel had pointed out this followed Jawi's action in not abiding the decisions by the civil High Court and Court of Appeal that asked them to cease their legal action and drop the charge against Nik Raina.

The bookstore chain's lawyer sent the letter to Jawi on May 5.

Previously in the legal letter, Borders warned that Jawi could be found in contempt of both the court orders by the High Court on March 22, 2013 and the Court of Appeal dated Dec 30, 2014.

This follows a judicial review filed by Nik Raina, and Borders operations and merchandising general manager Stephen Fung Wye Keong which declared the raid and seizure of the book was wrong.

Nik Raina was charged with selling the book by controversial Canadian Muslim author Irshad Manji’s book ‘Allah, Liberty and Love’ on May 23, 2012 at the bookstore at the Gardens Mall.

However, the book was only gazetted as banned by the Home Ministry six days later.

As Jawi cannot charge a company or a non-Muslim, Nik Raina became a victim of circumstance and was charged by the Muslim authority.

In tears 

Nik Raina, when contacted by Malaysiakini said she only got to know about Jawi backing off this afternoon.

“Truly, I shed tears and could not initially believe that after three years they have agreed to stop the case.”

“I would like to thank the Berjaya Group especially its chairperson and chief executive officer Robin Tan for coming out with the finances to help me with the case, also my chief operating officer Yau Su Peng, and lawyer Rosli Dahlan,” she said.

Nik Raina said she had conveyed the good news to her family and they also found it hard to believe initially but are thankful the ordeal is finally over.
~ Malaysiakini

No comments: