Monday, March 13, 2017

Jill Ireland case: Court rejects religious body as intervener

March 13, 2017

Lawyer Mohamed Haniff Khatri Abdulla says judge finds Mais has no direct interest to be included as party to the judicial review.
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KUALA LUMPUR: The High Court has rejected an application by the Selangor Islamic Religious Council (Mais) to become intervener in Jill Ireland’s judicial review application over her eight “Allah” CDs.

Lawyer Mohamed Haniff Khatri Abdulla said justice Nor Bee Ariffin has only allowed Mais to become an amicus curiae (friend of the court).

“The judge found that Mais did not have a direct interest to be included as party to the judicial review,” said Haniff who represented the religious authority.

Interveners can participate in a proceeding as the outcome may affect their rights while an amicus curiae can only address the court upon invitation.

“The judge has now fixed June 19 to hear the merit of the judicial review,” Haniff told reporters after Nor Bee delivered her ruling in chambers.

On May 11, 2008, the CDs titled “Cara Hidup Dalam Kerajaan Allah”, “Hidup Benar Dalam Kerajaan Allah” and “Ibadah Yang Benar Dalam Kerajaan Allah”, were seized by Customs officers from Ireland, a Melanau, on her arrival at the Low-Cost Carrier Terminal (LCCT) in Sepang.

On Aug 20, 2008, she filed an application for leave for judicial review to reclaim the eight CDs, naming the Home Ministry and government as respondents.

On July 21, 2014, the High Court ordered the Home Ministry to return the CDs to Ireland but did not issue a declaration she had applied for, that she had the right to keep, use and import published materials containing the word “Allah”.

On June 23, 2015, the Court of Appeal upheld the High Court’s decision for the Home Ministry to return the eight CDs to Ireland within one month of the ruling date.

The panel also remitted Ireland’s application for the declaration to the High Court.

~ Free Malaysia Today

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