Islamic authority in bid to clip wings of Kassim Ahmad’s lawyer
Ida Lim, Malay Mail Online
The Federal Territory Islamic Affairs Department (JAWI) has filed a disciplinary complaint against Syarie lawyer Rosli Dahlan for allegedly interfering in its prosecution of Muslim intellectual Kassim Ahmad, a move he claims is meant to “intimidate” him.
JAWI, which is charging Kassim for insulting Islam, recently complained to the Federal Territory Syarie Lawyer Committee (JPSWP) over Rosli’s conduct in defending his client.
In the July 8 complaint letter sighted by Malay Mail Online, JAWI accused Rosli of breaching 10 rules in the Arahan Amalan No 4 Tahun 2002 (Practice Directions No 4 of 2002), titled Ethics of Shariah Lawyers.
These include the rule against delaying court proceedings and the directions to respect the court, act fairly and respectfully when defending his client as well as declining instructions from the client if his professional conduct may be called into question.
But a perceived conflict has arisen as the complaint against Rosli was lodged by JAWI’s Chief Syarie Prosecutor — who is also a member of the JPSWP that is tasked with probing and hearing all disciplinary complaints against lawyers practising in the federal territories’ Shariah courts.
Known for taking on controversial cases involving JAWI in the Shariah court, Rosli could be barred from representing clients such as Kassim if the complaint results in his suspension or deregistration as a Syarie lawyer.
Citing a June 13 letter that Rosli had penned to the prime minister, Kedah mentri besar and Islamic affairs minister while acting for Kassim, JAWI alleged that Rosli “tried to use certain quarters to disturb this department’s prosecution in the proceedings of his client’s case”.
JAWI also complained that Rosli had allegedly “influenced, pressured and seemingly threatened” to ensure his demands were fulfilled.
The committee then gave Rosli two weeks from its August 14 letter to issue a “show cause notice” to explain why disciplinary action should not be taken against him.
The JPSWP maintains the list of Syarie lawyers allowed to practice in the federal territories, while the list of possible disciplinary actions it can take on a Syarie lawyer include a reprimand, suspension or deregistration.
The Malay Mail Online understands that the committee’s members include the Chief Syarie Prosecutor, the Syarie chief judge, the Registrar, the Attorney-General or his representative, and two appointed members — Muslim Lawyers’ Association president Datuk Zainul Rijal Abu Bakar and the Federal Territory Islamic Religious Council (MAIWP)’s legal adviser.
When contacted last week, an officer with the committee confirmed that it does not have a separate disciplinary body like the Bar Council — which maintains the roll of registered lawyers that practice in the civil courts in Peninsular Malaysia.
The officer, who declined to be named as he was not authorised to speak, said the committee was aware of the potential “conflict” of interests as the Chief Syarie Prosecutor is both the complainant and also the prosecutor of Rosli’s client, Kassim.
“Later when we receive the reply from Rosli Dahlan, we will hold a meeting, the committee will decide whether the KPS (Chief Syarie Prosecutor) cannot be involved in the hearing,” the officer said, saying that there could be other solutions available.
But the officer clarified that Rosli’s case was still in the preliminary stages and the committee has yet to meet on his case.
In Rosli’s reply to the committee last Wednesday, he said he has never been cited for disciplinary or ethical violations since he started practising in 1988 as a lawyer in both the civil and Shariah courts.
Highlighting the fact that JAWI’s Chief Syarie Prosecutor is his opponent in two cases — Kassim Ahmad’s and that of Borders Malaysia — Rosli said the move to file the complaint was inappropriate and amounted to an attempt to subdue him.
“The actions of the Chief Syarie Prosecutor can be considered as an effort to scare and intimidate an advocate and solicitor who is carrying out his duty to defend the client based on the without fear or favour principle,” he wrote in the letter, which was sighted by Malay Mail Online.
Besides defending Kassim Ahmad in the Shariah court, Rosli also represents the 81-year-old author in the civil court in the judicial review of JAWI’s actions in abruptly hauling him up from his Kedah home to Kuala Lumpur, besides briefly detaining him overnight before charging him in the Putrajaya Shariah court the next day.
In a third high-profile case, Rosli acts for Borders bookstore manager Nik Raina Nik Abdul Aziz — whom JAWI had previously arrested and charged in the Shariah court with allegedly selling and distributing a book that is contrary to Islamic laws.
In a series of correspondence with the committee, Rosli has asked for an extension of time to reply to the complaint, saying that he was unable to determine the nature of his alleged violations as the Practice Directions were not gazetted or provided to him.
Rosli has since asked the committee to provide him with a copy of the actual Practice Directions cited against him.
