Press Statements & Articles

Brief of Federal Court Hearing

7 March 2014

Brief of Federal Court Hearing

On 5 March 2014, the Catholic Church's application for leave to file an appeal against the Court of Appeal judgment was heard before the Federal Court. An application for leave to the Federal Court is not an appeal. It is akin to asking the consent from the Federal Court to allow the Catholic Church to file an appeal against the ruling given by the Court of Appeal on 14 October 2013 which affirmed that the Home Minister was right to ban the use of the word "Allah" in their weekly publication.

In an unprecedented move with respect to leave application, the Federal Court had a quorum of seven judges including the Chief Judge of Sabah and Sarawak. After hearing the lawyers' submissions, the Federal Court reserved judgment and will fix another date to deliver her decision.

For the consent to be granted, the Catholic Church must satisfy two requirements. Firstly, the subject matter of appeal must involve questions of law to be decided for the first time or of such importance to be of public advantage; and secondly, the appeal must relate to the provisions of the Federal Constitution.

To satisfy these requirements, the Catholic Church advanced amongst others the argument that the basis taken by the Court of Appeal in arriving at their judgment is outmoded and that the judgment itself has given rise to uncertainties within public understanding. Also of concern to the Catholic Church is the manner the Court of Appeal interpreted Article 3(1) of the Federal Constitution that will now affect the rights of minorities in this country.

No dates were given as to when the Federal Court would make their decision. The team of lawyers for the Catholic Church have done their work with precision and diligence. Do also note that the SIB Sabah and the Jill Ireland case before the High Court has been postponed. While awaiting the outcome of the Catholic Church's application, NECF calls on all churches to pray fervently and faithfully for a good outcome of the Catholic Church’s application. NECF suggests churches may pray as follows:-

  • The Federal Court judges will decide without fear or favour based on established principles of the law and the Rule of Law
  • The Federal Court judges will take into consideration the merits of all the arguments presented and decide fairly and without bias
  • While awaiting the decision by the Federal Court, peace and harmony will continue to prevail in this land
  • The outcome of the case may be favourable and in line with God's will for Malaysia and the church
  • The church will continue to be the salt and light to the nation and that the good works of the Lord may continue and be unhindered

 

In Christ,
Eugene Yapp
Secretary-General
NECF Malaysia

 



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