THE shariah court charges against a senior lab assistant have no legal basis as the comments she made were directed at an institution and not Islam, her lawyer said.

Marcel Jude Joseph, who took up the Baizurah Basri case, said the charges are ultra vires as it had perceived “constructive criticism” of its officers’ conduct as an insult to the court.

“It was a constructive criticism, not contempt. The shariah court should welcome such criticism and not punish,” he told The Malaysian Insight.

Baizurah has taken the case to a civil court, where a judicial review will be held on September 7 to quash the Sandakan shariah court’s charges. 

The 36-year-old was charged with contempt and refusal to retract and apologise for her comments after her social media entry allegedly went viral.

Baizurah on May 17 posted on Facebook that “the Kota Kinabalu shariah court has no system, no public announcement system, so workers have to shout out the names… from judges to general workers, no one could offer a smile.

“There’s also someone who calls out names but was attending to family or friends outside, leaving those having business with the court clueless until they finish talking.”

She ended the post by asking, “The question is, when will they improve the system?”

Baizurah had appeared at the Kota Kinabalu shariah court as a witness in a friend’s case at the time. 

Later, a man who identified himself as “Readwan Roslan”, using a fake account by the name of Siyarus Salikin, contacted Baizurah on her claims and demanded she retract the statements and apologise to the court within seven days.

According to Marcel, the shariah courts as an institution are not capable of being defamed and, therefore, have exceeded their jurisdiction in issuing a show-cause to Baizurah.

Based on the court’s notice only the applicant is named as respondent while the “accuser” or “plaintiff” and “prosecutor” were not, he added.

“Thirdly, even if this is a matter of criminal defamation, then prosecution lies with the police and the applicant was called up by the authorities in Karamunsing, Kota Kinabalu, to give her statement.

“But, to date, there is no news from the police and the applicant has not been charged with criminal defamation,” said Marcel, adding that the words relied by the accuser are not defamatory despite being published on Facebook.

Syarie lawyer Hamid Ismail said this was the first time he had heard of such a case, adding, however, that Baizurah should explain her actions and defend them at the shariah court.

“On her action in the civil court against the shariah court judge, I think that such action has no merit because Section 28 of the Syariah Courts Enactment 2004 protects shariah court judges in performing their official duties,” he said. 

When asked whether Baizurah had committed any offence and whether it was wise to file her suit in the civil court, Hamid said. “I don’t think she committed any offence” but she should not have taken a civil suit. 

Baizurah, meanwhile, said she will not be attending the judicial review.

“My lawyer said I don’t have to be present. Unless he says otherwise, I don’t think I will,” she said.

The Sabah shariah court could not be reached for comments. – August 24, 2017.