12 June 2014

Mahkamah: Nora Teoh bukan Islam and Court orders police to find Indra's daughter within 30 days...


Mahkamah Tinggi Syariah Pulau Pinang memutuskan bahawa Teoh Cheng Cheng bukan seorang Islam.

Hakim Zaim Mohd Yudim memutuskan Teoh bukan Islam ketika kematiannya pada 7 Jun ekoran percanggahan tarikh permohonannya menukar agama pada 1997.

Hakim berkata, pengakuan saksi juga menunjukkan si mati tidak pernah mengamalkan ajaran Islam semasa hayatnya.

Turut berada di mahkamah adalah Wan Faridulhadi Mohd Yusoff, yang mewakili anak perempuan Teoh, Medelyn Teoh dan ahli keluarganya.

Semalam Majlis Agama Islam Pulau Pinang (Maipp) memfailkan permohonan untuk mendapatkan deklarasi berhubung status mendiang.

Semalam, mahkamah mendengar testimoni daripada saksi, dua daripada Maipp dan dua daripada pihak Teoh.

Saksi yang memberikan testimoni bagi pihak Teoh adalah anak perempuan sulung, Medelyn Teoh, 17, dan seorang rakan rapat keluarga yang tidak dikenalpasti oleh media.

Media dihalang untuk mendengar prosiding mahkamah semalam atas permintaan keluarga Teoh.
Turut berada di mahkamah adalah Wan Faridulhadi Mohd Yusoff, yang mewakili anak perempuan Teoh, Medelyn Teoh dan ahli keluarganya.
Semalam Majlis Agama Islam Pulau Pinang (Maipp) memfailkan permohonan untuk mendapatkan deklarasi berhubung status mendiang.
Semalam, mahkamah mendengar testimoni daripada saksi, dua daripada Maipp dan dua daripada pihak Teoh.
Saksi yang memberikan testimoni bagi pihak Teoh adalah anak perempuan sulung, Medelyn Teoh, 17, dan seorang rakan rapat keluarga yang tidak dikenalpasti oleh media.
Media dihalang untuk mendengar prosiding mahkamah semalam atas permintaan keluarga Teoh.
- See more at: http://www.themalaysianinsider.com/bahasa/article/mahkamah-syariah-pulau-pinang-kata-teoh-bukan-islam#sthash.STj02UIM.dpuf

Mahkamah justeru mengarahkan Jabatan Agama Islam Pulau Pinang (JAIPP) memulangkan mayatnya kepada keluarga.

Pihak keluarga diwakili peguam Wan Faridulhadi Mohd Yusoff, manakala Maipp diwakili peguam Noor Asyimah Ramli.

Teoh didakwa memeluk Islam tanpa pengetahuan keluarganya, dan menggantung diri pada Sabtu lepas di Pangsapuri Pelangi, Lintang Macallum dekat George Town selepas bergaduh dengan kekasihnya.

Teoh sepatutnya dikebumikan dengan cara pembakaran menurut upacara Tao.

JAIPP pada 9 Jun menghentikan upacara pengebumian Teoh, 38, mengikut adat Cina kerana si mati didakwa memeluk Islam, 17 tahun lalu.

Pihak berkuasa itu dilapor membawa mayat Teoh pada kira-kira jam 3.50 petang selepas berunding dengan anggota keluarga berkenaan sejak tengah hari. - mk/tmi

Court rules Teoh non-Muslim, orders body returned...

The Penang Syariah High Court has ruled that Teoh Cheng Cheng is not a Muslim.

Judge Zaim Mohd Yudim said she was not a Muslim at her time of death on June 7 as there were discrepancies in the date of her application for conversion in 1997.

"The testimonies by witnesses also showed that she never practised Islam in her life," said the judge.

Justice Zaim also ordered the Penang Islamic Affairs Council (Maipp) and the Penang General Hospital, where the body is currently kept, to return it to Cheng Cheng's family.

The body was seized by the Penang Islamic Affairs Department (Jaipp) on Monday on grounds that she was a Muslim convert.

Maip, which oversees Jaipp, filed the case to seek a declaration on Cheng Cheng's religious status.

Maipp's lawyer Wan Faridulhadi Mohd Yusoff said that Maipp was unsuccessful in proving that Cheng Cheng was a Muslim after she made the application to convert to Islam on 1997.

He said Maipp failed to prove Teoh was a practising Muslim between her application for conversion and her death.

He added that the testimonies from the four witnesses - two from Maipp and two from the deceased's family - were also considered and led to the decision today.

No signature on conversion card

He explained that there were three disputed dates in the documents submitted - in the Islamic department's log book, the first page of her application and her conversion card.

Normally, the entire process, starting with the application, the proclamation of faith and the conversion would be done on the same date, he added.

Furthermore, her application form stated that Teoh submitted her application on Nov 14, 1997, 10 days after she delivered her first child, Medelyn.

"It is impossible that someone who just gave birth (and is in confinement) could submit an application for conversion," Wan Faridulhadi (right) said.

"There were also an absence of two signatures on the conversion card - the religious officers and Teoh's," the lawyer added.

Meanwhile, lawyer Ramkarpal Singh, who represents the deceased's mother Tan Mah Suan (in floral shirt in photo below) said he has received the official order to retrieve Cheng Cheng's body from the hospital today.

"We are going straight to the hospital to obtain the body and hopefully, it can be cremated today," Ramkarpal said.

On the suit filed by Tan, 64, at the Penang High Court today, ‎Ramkarpal (extreme right in photo) said the lawyers would decide on whether to proceed with or withdraw from the case.

However, Ramkarpal congratulated Wan Faridulhadi for helping to resolve the case.

The deceased's cousin Teoh Chew Choo expre‎ssed relief that the case has been settled.

"However we remain disappointed over the incident which got us into so much trouble lately. Jaipp's officers should be sacked," he added.

Present at the court today were Medelyn, 17, and the deceased's friend Yazman Ayob, 37. Both hurried out of the court compounds in separate cars.

Medelyn wore a green headscarf and baju kurung while Yazman covered his face with a scarf for the duration of the two-day trial.

Body cremated at 5.20pm

Teoh’s body was finally cremated at the United Hokkien Cemeteries in Batu Gantung at 5.20pm.

The family, represented by her brother Teoh Beng Chong, retrieved her body from the Penang General Hospital at 5pm today.

“She will finally be laid to rest, in peace,” he said when met at the mortuary.

A Taoist priest conducted the final funeral rites before Teoh’s body entered the furnace, in the presence of a few family members and friends.

Teoh’s mother tearfully cried out her daughter’s name several times as she approached the coffin.

Teoh’s Muslim boyfriend, wearing a mask, and her four children, were present at the cremation.

The children, three girls and a boy, knelt before the coffin and prayed with joss sticks before they bade their mother goodbye.

They were very calm and showed little emotion.

Teoh had three children aged between 10-17 with the Muslim boyfriend whom she never married.

Later, the Muslim man expressed sadness, adding, “It is unfair for them to go through this,” and declining to speak further.

Ramkarpal, who was at the funeral, said the suit filed at the Penang High Court this morning seeking a declaration of Teoh’s religious status will be cancelled.

However, Ramkarpal said the family will most probably go ahead and sue JAIPP for seizing Teoh’s body without confirming if she was indeed Muslim.

“It was a happy ending but a bad start. JAIPP officers were negligent, as confirmed by the Syariah Court today.

“We will discuss with the family about their options to sue the errant JAIPP officers. Let them grieve first. We hope there is no repeat of the incident in future,” said Ramkarpal.- mk

Ipoh court orders cops to find Indira's daughter...

The Ipoh High Court yesterday directed the police to retrieve kindergarten teacher, M Indira Gandhi's youngest daughter Prasana Diksa within 30 days - failing which they would have to answer the court why they did not comply with the order.

Indira Gandhi's lawyer M Kulasegaran (left) told Malaysiakini it was rare for the court to issue such order but he was glad that Justice Lee Swee Seng had allowed it.

“The application was done ex-parte. The former husband's lawyers have been informed about it,” he added.

“With this order, the police are required to find and bring back the girl. If they fail to do so, they have to state the reasons via an affidavit.

"With this, Inspector-General of Police Khalid Abu Bakar will have to comply with the order and not propose something else,” he said.

On Tuesday, it was reported that Khalid had proposed a middle path to resolve such inter-faith child custody disputes by placing the children in childcare centres for both parents to visit until their cases are settled.

The Ipoh Barat MP also revealed the Ipoh police had also called Indira Gandhi and him for a meeting to resolve the issue following the solution proposed by the IGP.

“However, we turned down the meeting. We want the police to comply with the order for them to get back the child,” said Kulasegaran.

June 6 deadline

Yesterday's court order follows Indira Gandhi's former husband K Pathmanathan @ Mohd Ridhuan Abdullah’s failure to comply with the Ipoh High Court order dated May 30, for Ridhuan to return the five-year-old girl by June 6.

Ridhuan had been found guilty by Justice Lee of contempt of court for not returning the child, an order the court was willing to revoke, should the father return Prasana Diksa or her Muslim name Ummu Habibah, to Kulasegaran or the mother by that time.

On May 30, Justice Lee also ruled that the civil High Court is superior to the syariah High Court and declared the latter’s order which granted custody of Prasana Diksa to Ridhuan, to be declared null and void.

Besides Prasana Diksa, the couple have a son and a daughter, who were also converted by Ridhuan to Islam but they are now staying with the mother following the Ipoh High Court order.

It was reported that following Ridhuan's failure to return the child, Indira Gandhi had wanted her former husband to be arrested for contempt.

Khalid’s  (right) ‘middle path’  to resolve inter-faith child custody disputes by placing the children in child care centres resulted in mounting criticism at the IGP from various quarters including BN and opposition politicians.

However the IGP reportedly said the police will stick to its position as it is 'sandwiched between' two jurisdictions of the syariah High Court and the civil High Court.

Several lawyers have argued that the police should follow the civil High Court order in such disputes.- mk

Mahkamah arah polis dapatkan anak Indira...

Mahkamah Tinggi Ipoh semalam mengarahkan polis untuk mendapatkan Prasana Diksa, anak perempuan bongsu seorang guru tadika M Indira Gandhi, dalam masa 30 hari.

Jika gagal berbuat demikian mereka harus menjawab di mahkamah kenapa arahan itu tidak dipatuhi.

M Kulasegaran, peguam Indira, memberitahu Malaysiakini, jarang bagi mahkamah mengeluarkan arahan sebegitu tetapi gembira apabila hakim Lee Swee Seng membenarkannya.

“Ini ekoran keputusan mahkamah pada 30 Mei tahun ini,” tambahnya. - mk

JAIS tunggu apa lagi dan Nora Teoh tak pernah memeluk agama Islam...

AG: Bible case closed, Jais 'to do the necessary'...

The Attorney General's Chambers (AGC) today said that there will be no prosecution in the case involving the seizure of copies of the Bible from the Bible Society Malaysia last January.

Attorney-General Abdul Gani Patail said that the case is now closed.

While he does not spell it out clearly, Abdul Gani also appears to have instructed the Selangor Islamic Affairs Department (Jais) to return the seized holy books.

"The AGC has decided that no prosecution will be made and the case is closed.

"As for the seized books, the AGC requests that Jais take further action in accordance with the law," he said.

He said that after reviewing Jais' investigation papers, the AGC believes that Section 9(1)(a) of the Non-Islamic Religion (Control of Propagation Among Muslims) Enactment 1988 does not apply to the items seized.

"The statements (in the investigation paper) shows that the seized copies of the Bible in Bahasa Malaysia and al-Kitab Berita Baik is a compilation of the Old and New Testaments, and is an essential text for the Christians," he said.

'Not a security threat'

He added that the Home Ministry also told the AGC that the holy books are not a security threat.

The Selangor government had referred the matter to the AGC to determine if the holy books seized shoud be returned.

Selangor Menteri Besar Abdul Khalid Ibrahim (right) said that it will return the holy books if they are cleared by the home ministry and AGC.

Jais had raided BSM and seized 300 copies of the Bible in Bahasa Malaysia and Iban, on grounds that they breach the Enactment.

The Enactment places a ban on non-Muslims to use a list of words including 'Allah', which is used in the books to refer to God.- mk

Esok keputusan status agama wanita didakwa mualaf...

Mahkamah Tinggi Syariah Pulau Pinang menetapkan esok untuk keputusan status agama seorang wanita yang telah meninggal dunia dan didakwa mualaf Teoh Cheng Cheng atau nama Islamnya Nora Teoh Abdullah, 38, beragama Islam atau sebaliknya.
Hakim Syarie Zaim Md Yudin membuat keputusan itu dalam prosiding hari ini yang diadakan secara tertutup selama lima jam.
Permohonan itu difailkan oleh plaintif iaitu Majlis Agama Islam Pulau Pinang (MAIPP) mengikut Seksyen 61(3)(10) Enakmen Pentadbiran Agama Islam Pulau Pinang 2004, iaitu pengisytiharan bahawa seseorang yang telah mati itu sama ada Islam atau sebaliknya.
Dalam prosiding tertutup itu seramai empat orang saksi telah dipanggil untuk memberi keterangan iaitu dua saksi bagi pihak MAIPP iaitu wakil pendaftar mualaf dan dua saksi bagi pihak keluarga si mati iaitu teman rapat keluarga serta anak sulung si mati yang berusia 16 tahun.
Pihak keluarga diwakili peguam Wan Faridulhadi Mohd Yusoff manakala MAIPP diwakili peguam Noor Asyimah Ramli.
Teoh didakwa memeluk Islam tanpa pengetahuan keluarganya telah meninggal dunia pada Sabtu lepas di Pangsapuri Pelangi, Lintang  Macallum dekat George Town.- mk

Deceased never Muslim, Penang court hears...

Medeyln Teoh, the daughter of the deceased whose Taoist funeral was disrupted by the Penang Islamic Affairs Department (Jaipp), today testified that her mother never converted to Islam.

Medelyn told the Penang Syariah High Court in a closed hearing that Teoh Cheng Cheng never embraced Islam as she never uttered the syahadah (Muslim proclaimation of faith).

This was conveyed to reporters by Penang Islamic Affairs Council (Maipp)'s counsel Wan Faridulhadi Mohd Yusoff.

He added that Medelyn said her mother, who is alleged to have taken the Muslim name Nora Teoh Abdullah, also did not live as a Muslim.

According to Wan Faridulhadi, although Teoh made an application to convert to Islam in 1997, she never professed the syahadah, nor did she get a response from the religious affairs department.

He also said Teoh, 38, was then planning to marry a Muslim man but she never did. She had three children with her Muslim partner.

Jaipp named Medelyn as the respondent, while the court heard testimonies of four witnesses – two represented the family and two others represented Maipp.

Teoh reportedly committed suicide on June 7 and was to be buried on Monday according to Taoist rites at the United Hokkien Cemetery at Batu Gantung.

Court to decide at 2pm tomorrow

Yesterday, Maipp, which oversees Jaipp, filed an application to obtain a declaration to ascertain Teoh's religious status by the Penang Syariah High Court.

The court will decide on the status of the religious status of the deceased, whose body was taken by Jaipp from her funeral, at 2pm tomorrow.

The case was filed under the Section 63 (3)(10) and Section 170 of the Penang Islamic Administration Enactment in order for Medelyn to obtain a court order or declaration on her mother's religious status.

Maipp has filed an affidavit to reply to the application which the court deliberated on today.

Meanwhile, Teoh's mother Tan Mah Suan (left), 64, will also file an application to determine's her daughter's religious status at the Penang High Court.

Accompanying her was lawyer, Gobind Singh Deo who said the case will be filed at 9.30am tomorrow.

"We need to get certain documents, we need to look at a few other things before we finalise our papers," Gobind told reporters when met at the court house.

The family was supposed to file the matter today but postponed it to tomorrow as there were developments at the syariah court which the lawyers need to ascertain before filing the matter at the High Court.

"We are also not very sure what has happened but we have prepared our documents. As far as we are concerned, we will file something tomorrow and take it from there," the Puchong MP said.

Accompanying Gobind were Bukit Gelugor MP Ramkarpal Singh, and DAP's Air Itam and Pengkalan Kota assemblympersons Wong Hon Wai and Lau Keng Ee.- mk

Johor Sultan Issue in story image Final

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Jangan lupa World Cup 2014 bermula pukul 4.00 pagi ini...



Anonymous said...

1 malaysia!!!!...semua kalah...!!!

Anonymous said...

cuba cek statistik...
kes2 mcm ni...
brp kali menang..??