KUALA LUMPUR (April 25): Petaling Jaya (PJ) member of Parliament (MP) Maria Chin Abdullah had on Monday (April 25) been sentenced to seven days in jail by the Syariah High Court for contempt of court in insulting the Syariah Court's administration of justice.
This followed Justice Mohamed Fouzi Mokhtar having found her guilty of contempt of court for her denigrating statement and comments issued on Sept 5, 2018 with regard to the court's treatment of Emilia Hanafi, the ex-wife of Naza group joint chairman Datuk SM Faisal SM Nasimuddin.
Emilia and SM Faisal were divorced in 2016.
Justice Fouzi ordered the jail sentence to begin on Monday; however, at present the court is hearing an oral application for a stay of the jail sentence.
Justice Fouzi allowed a stay of execution of the jail sentence, pending the filing of Maria's formal application to appeal at the Syariah Court of Appeal within 14 days from Monday.
Maria, who was represented by counsel Rosli Dahlan, was not present in the proceedings on Monday, as she had to attend a medical appointment. She also did not attend her previous contempt hearing as she was down with Covid-19.
Despite the prospect of facing jail, Maria, who is with PKR, would not lose her parliamentary seat as Article 48 of the Federal Constitution stipulated that a person would lose his or her elected seat if he or she is fined RM2,000 or sentenced to one year's jail or both.
In ruling Maria guilty of contempt, the court found that Maria's statement three years ago that was carried on her website and other social media platforms regarding Emilia, who was sentenced by the Syariah High Court for seven days in jail for not abiding by a court order regarding visitation rights to Faisal — the father of the couple's three children — and rescheduling those visits on her own.
Justice Fouzi described Maria's actions in making a conclusion that the court is discriminating against Emilia without proper facts as highly misplaced as the court only adjudicates laws that had been passed by the Parliament, of which the PJ MP is a member.
Maria should have known better that the court only decides after all procedures had been met and based on evidence adduced, he added.
“This court cannot accept the affidavit made by Maria that she had no intention to issue such a statement and that she was making constructive criticisms of the Syariah Court.
“However, her statement had violated the administration of justice of syariah courts, as seen with reaction of Maria's statement on social media had brought disrepute to the syariah courts, its judges and the administration of justice under Islamic law in general,” Justice Fouzi added.
“There is no remorse or apology with regards to her statement and this court finds her guilty of contempt,” he said.
Under the Syariah law, a person in contempt is liable to face a maximum RM2,000 fine or face a maximum jail term of six months.
In sentencing Maria to jail, Justice Fouzi said the court do not accept a sentence of her being fined as being an elected representative, she could easily pay the amount.
"Hence, a custodial sentence is warranted in this case for seven days," the judge ordered.
Absent twice including Monday
The judge said to make matters worse, Maria did not come to court to answer her charge for contempt and chose to answer it via an affidavit.
Emilia is said to have brought the three children to a function in Kedah, just when Faisal wanted to celebrate the birthday of one of them and found they were not there.
Maria, who is also an activist, made the comment criticising the decision by the Syariah Court to impose custodial sentence on Emilia, citing purportedly the Syariah Court do not take into consideration the welfare for women.
SM Faisal, who was involved with a marital case with his ex-wife, had initiated the contempt proceeding against Maria for scandalising the Islamic jurisprudence with her comment and statement that criticised the court's decision.
The businessman was represented by senior lawyers Datuk Sulaiman Abdullah, Dr Rafie Mohd Shafie and Datuk Akberdin Abdul Kader.
On Oct 15, 2019, Maria was ordered by Justice Fouzi to answer the contempt charge made against her by Faisal.
She had also failed in her appeal at the Syariah Court of Appeal on Dec 4, 2020, to set aside leave for contempt proceedings made against her.
Maria also filed a judicial review application before the High Court (Appellate and Special Powers) division to review the Syariah High Court's decision which has yet to be heard.
Rosli had argued with Fouzi before his decision that the court should wait for the outcome of the judicial review application before delivering Monday's decision which was not accepted by the Syariah High Court.