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Wednesday, July 22, 2015

COLLAPSE OF RULE OF LAW: Deadline tomorrow, but Sarawak Christian yet to get back ‘Allah’ CDs

COLLAPSE OF RULE OF LAW: Deadline tomorrow, but S'wak Christian yet to get back ‘Allah’ CDs
KUALA LUMPUR - The Home Ministry has not returned eight compact discs containing the word “Allah” to a Sarawakian Christian despite a court order to do so by tomorrow, her lawyer has confirmed.
As the one-month deadline nears its expiry, Annou Xavier representing Jill Ireland Lawrence Bill said she has yet to receive the Christian materials confiscated at an airport seven years ago.
“As of today, the CDs have not been returned,” Annou Xavier told Malay Mail Online when contacted yesterday for updates on his client’s seven-year legal battle.
On June 23, the Court of Appeal upheld a lower court’s decision when ruling unanimously in favour of Jill Ireland and ordering the Home Ministry to return the CDs it had seized from her in 2008.
The court also ordered the return of two constitutional matters — involving Jill Ireland’s right to religious freedom and equality before the law — to be heard at the High Court. The next case management date is on August 12.
Malay Mail Online understands that the government can still apply to defer returning the CDs if they take their case all the way to the Federal Court.
The deadline for the government to appeal also ends tomorrow, as one month is the typical timeframe allowed for parties to challenge a court decision, unless an extension of time is granted.
But Annou and his colleague Robin Lim confirmed that the Attorney-General’s Chambers has yet to file for leave of appeal against the Court of Appeal’s decision.
The Home Ministry has previously withheld the eight CDs from the Melanau native pending the outcome of the appeal at the Court of Appeal.
Annou Xavier
On May 11, 2008, the Home Ministry confiscated eight CDs bearing the word “Allah” from Jill Ireland at the Sepang airport upon her return from Indonesia, prompting her to file for judicial review in August the same year against the Home Minister and government of Malaysia.
On July 21 last year, High Court judge Datuk Zaleha Yusof ruled that the Home Ministry was wrong to detain the CDs based on a point of law, also ordering the government to return the CDs and pay RM5,000 in legal costs.
The Home Ministry filed its appeal against the ruling on July 22, and Jill Ireland too filed an appeal on August 18 the same year.
Her argument was that the High Court did not address constitutional issues that were raised in her judicial review application. - Malay Mail

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