Thursday, August 13, 2015

Respect court order and return ‘Allah’ CDs, lawyer urges Home Ministry

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR

Jill Ireland's lawyer, Annou Xavier said he wrote to the Attorney-General's Chambers last month and has not received a reply. –  The Malaysian Insider file pic, August 12, 2015.
Jill Ireland's lawyer, Annou Xavier said he wrote to the Attorney-General's Chambers last month and has not received a reply. – The Malaysian Insider file pic, August 12, 2015. 


The Home Ministry must respect a court order compelling it to return eight CDs with the word "Allah" on it to Sarawakian clerk Jill Ireland, her lawyer said.
Annou Xavier said he had written a letter to the Attorney-General's Chambers last month, a day before the expiry of the 30-day deadline to return the materials.
"We did not receive a reply either. The Ministry must return the CDs to show respect to the court," he told The Malaysian Insider.
Annou said any further delay in returning the CDs could also mean disrespect to Ireland and the Christian community.
However, he did not discuss the next course of action, saying he needed to take instructions from his client.
Senior Federal Counsel Shamsul Bolhassan said he instructed the Home Minisry to locate the materials to be handed over to Ireland, since the government was not appealing to the Federal Court.
On June 23, a three-man Court of Appeal bench chaired by Datuk Tengku Maimun Tuan Mat, ruled that the exhibits that were seized seven years ago be returned to Ireland as provisions in the Printing, Presses and Publications Act were not followed.
Maimun ordered that the CDs must be returned within 30 days of the court order.
The bench also ordered that a new High Court judge hear her application whether she had the right to use the word "Allah " in her religious practices.
Putrajaya seized the CDs from Ireland at the Low Cost Carrier Terminal (LCCT) in Sepang in 2008. The Sarawakian said she brought the CDs into Malaysia for her personal use.
Last year, High Court judge Datuk Zaleha Yusof ordered the ministry to return the CDs to Ireland, who brought them from Indonesia.
Putrajaya then appealed against that order and managed to obtain a stay to retain them on grounds of public interest.
The CDs, which Ireland bought for personal use, had titles such as "Cara Hidup Dalam Kerajaan Allah", "Hidup Benar Dalam Kerajaan Allah" and "Ibadah Yang Benar Dalam Kerajaan Allah".
In seeking a judicial review against the seizure, she also asked for a declaration, saying that she had legitimate expectation to exercise the right to use "Allah" and to continue to own and import such materials.
Ireland's legal team argued that the case was not about Christianity against Islam, but about her constitutional right as a Bumiputera Christian.
Constitutional lawyers said Ireland's cross-appeal could be used to revisit unresolved problems that could not be argued in the case involving Catholic weekly Herald.
That case came to an end on January 21, after the Federal Court dismissed a review application by the Catholic Church to use the word "Allah" in its weekly publication.
The word “Allah” is widely used by Christians in Sabah and Sarawak, and the church argued that the ban on its use was a violation of freedom of religion. – August 12, 2015.
- See more at: http://www.themalaysianinsider.com/malaysia/article/respect-court-order-and-return-allah-cds-lawyer-urges-home-ministry#sthash.Fwf3UTzc.dpuf

No comments: