THE Kuala Lumpur High Court will decide on October 9 whether to postpone a civil suit filed by lawyer Siti Kasim against the Federal Territories Islamic Religious Department (Jawi), pending the outcome of a related criminal trial.

The prominent human rights lawyer is facing trial for allegedly obstructing an officer during a Jawi raid on a transgender beauty pageant at Renaissance Hotel in Kuala Lumpur on April 3, 2016.

On April 1 this year, she filed the civil suit against Jawi and 18 others, including 15 of the department’s enforcement officers, saying her arrest was in violation of her constitutional rights.

Also named in the suit are the Federal Territories Islamic Religious Council, Minister in the Prime Minister’s Department Dr Mujahid Yusof Rawa and the government.

To support her civil suit, Siti’s counsel, Surendra Ananth, said the team is monitoring developments in the criminal trial, which has gone on since mid-2017.

“The prosecution’s case is reaching its last witness,” he said, adding that Siti’s application to stay the civil action was filed on June 14.

Judicial commissioner Latifah Mohd Tahar will decide next month whether to allow it.

For her criminal trial, Siti was charged under Section 186 of the Penal Code for allegedly obstructing Siti Nor Jihan Saleh @ Md Ghazali from discharging her duties as a government officer during the 2016 raid.

If found guilty, the lawyer can be jailed up to two years, or fined a maximum of RM10,000, or both.

In her civil suit, Siti filed a claim of misfeasance of public office against the Jawi officers, saying her confinement and arrest were wrongful and amounted to abuse by the said officers.

She said she suffered a loss of liberty for approximately four hours on the night of April 3, 2016, and experienced “nervous shock, suffering, humiliation and mental anguish”.

Siti is seeking general, aggravated and exemplary damages with interest at a rate of 5% annually from the date of judgment until the full settlement, and any other relief deemed fit by the court. – September 12, 2019.