Gerakan’s hudud suit struck out by High Court

Party vows to fight on to “defend the basic structure of the Federal Constitution."

PETALING JAYA: The Kota Baru High Court today struck out a suit filed by Parti Gerakan Rakyat Malaysia (Gerakan) challenging the controversial Syariah Criminal Code II 1993 (Amendment 2015).

Presiding Judge Azman Abdullah found that the case was premature in that the cause of action did not yet exist when the action was initiated.

Reacting to the decision, Gerakan Deputy Youth Chief Andy Yong Kim Seng expressed the party’s disappointment at the manner in which the action was disposed of by the Court.

In a statement he claimed that the decision was made purely on the basis of a preliminary objection which had been raised by the State Legal Advisor at the eleventh hour.

“The matter was dismissed without a full hearing of the substantive application by the use of a preliminary objection that was raised by the Kelantan State Legal Advisor,” he said.

“[T]he Learned Judge also raised issues in his decision that were never part of the State Legal Advisor’s submission before the High Court on 20 April 2015,” he added, calling it a breach of natural justice.

Despite the setback, he assured that the party’s resolve to “defend the basic structure of the Federal Constitution remains unmoved.”

Yong, who heads Gerakan’s legal team, said that the team would now consult retired Federal Court Judge Gopal Sri Ram on the party’s next course of action.

He pointed out that Gerakan had two options, namely, to file an appeal to the Court of Appeal or to commence a fresh action.

He said a decision would be made in the coming days.

The party was represented in the case by Jayanthi Devi Balaguru, Raymond Leong, Chai Ko Thing and Ong Siang Liang.