[Malaysia] "Court defers case by AyahPin’swife against officers"

"Court defers case by Ayah Pin’s wife against officers"

("The Star," October 31, 2005)

Kuala Terengganu, Malaysia - The High Court here deferred contempt
proceedings filed against two land officers relating to the demolition of
structures at the Sky Kingdom deviationist sect in Hulu Besut, following a
request for more time to study points of law.

Judge Datuk Ahmad Maarop fixed Jan 8 as the new date, when Haris Mohamed
Ibrahim, counsel for Che Minah Remeli, the first wife of sect leader
Ariffin Mohamad better known as “Ayah Pin”, made the request.

The judge had earlier directed Haris to submit on Order 72 of the Rules of
High Court 1980, which states that Orders 45 to 52 should not apply to
orders against the Government.

Rule 45 involves contempt proceedings, while Rule 52 concerns enforcement
of orders and judgments of the High Court.

The court was adjourned for three hours for Haris to submit on the matter,
and when the hearing resumed at 2.30pm, Haris said he needed time to
conduct research.

Che Minah had filed the proceedings against Besut Land Office
administrator Datuk Wan Zahari Wan Ngah and assistant administrator Mohd
Iskandar Muhammad Aziz, who are the first and second defendants.

Haris pointed out that the court had on June 21 granted leave to Che Minah
to commence judicial review on an April 28 order by the land office
directing her to tear down the structures.

He said two letters were sent to the office on the stay order but the land
office continued to take steps that culminated in the demolition of the
structures on July 31.

“This is the height of arrogance in refusing to abide by the court's
order,” he argued.

Justice Ahmad Maarop also allowed an application by Haris to postpone the
hearing on the judicial review case as the counsel needed time to study
the nine affidavits submitted by the land office.

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