Rare closed court called in ex-sultanah's case - Malaysiakini

 

In an unprecedented move, the Johor Syariah Court of Appeal today ordered the appeal to the divorce proceedings of former Sultanah Johor Tuanku Zanariah Tuanku Ahmad be conducted in a closed court.

The court also disallowed her children by the late Johor sultan Mahmud Iskandar (right), - Tuanku Masera and her siblings, to be present in court.

Tuanku Zanariah, who filed the application to appeal the earlier Johor Syariah High Court decision that affirmed the divorce, could not be present as she was unwell and wanted her daughters to represent her.

Even lawyers who are assisting the lead counsel for Tuanku Zanariah were given the boot by the court.

One of Tuanku Zanariah's lawyers, Kamar Ainiah Kamaruzaman, confirmed that this was what transpired at today's court proceedings.

A closed court is only normally called in civil cases involving sex crimes, when the victim is testifying, or when a child is testifying in custody battles.

However, even then the lawyers assisting the lead counsel are allowed to be present.

The Syariah Court of Appeal is the highest religious court in the state.

'Never happened before'

The court session began with a three-member panel led by justice Syed Ali Syed Abu Bakar, Marsid @ Morsid Mahrof and Jainuddin Mt Sum.

It is understood the proceedings took place in a special court that was to hear the Johor Islamic Religious Department as an intervener in the case on the side of the respondents, that also comprises the fatwa council.

It is learned that the Syariah Court of Appeal had not sat for some time, and was hastily formulated to hear the present appeal.

The proceedings began with one of the judges reciting the Al-Fatihah for the late sultan Mahmud.

It then proceeded with the judges ordering those in the public gallery to leave the court.

“This resulted in reporters and special branch officers having to leave the court,” said Kamar Ainiah.

She added that the judges then ordered the late sultan's children to leave the court as well.

“Tuanku Masera then stood up and said, 'We are the siblings by our mother whom the court and fatwa council may have accused of committing zina (adultery),” Kamar Ainiah said.

"But the court remained persistent and ordered them to leave the courtroom."

Kamar Ainiah said when she wanted to sit beside the lead counsel, the court also ordered that lawyers assisting the lead counsel to leave.

“This has never happened before. I do not know what to say,” she said, adding that the court then postponed proceedings to Monday.

Divorce backdated after sultan's death

Tuanku Zanariah’s plight began last August, after she received a letter informing that the divorce which had been backdated to Jan 23, 2009, despite Sultan Mahmud Iskandar having passed away on Jan 22, 2010.

The letter from the Johor mufti Mohd Tahrir Syamsuddin to her, was accompanied by three other documents including a divorce certificate dated Oct 8, 2010, that states the divorce took place on Jan 23, 2009.

The second letter was from the former Johor menteri besar Abdul Ghani Othman dated Dec 9, 2010, informing her of the Johor fatwa committee’s decision on Aug 6, 2010 that recognised the validity of the divorce.

The final document was from the Lower Syariah Court dated Sept 30, 2010 that affirmed the divorce.

Sultan Mahmud Iskandar passed away on Jan 22, 2010. He and Tuanku Zanariah were married on Aug 19, 1961. It was Mahmud's second marriage and they have 10 children.

Tuanku Zanariah claims the divorce is not valid and wants the Lower Syariah Court order to be set aside as she was not called for any divorce proceedings.

She also sought the court to investigate whether Sultan Mahmud Iskandar's proclamation in Jan 2009 that was allegedly witnessed by Abdul Ghani and the Johor royal committee chairperson Tengku Osman Tunku Temenggong Ahmad was valid, based on a statutory declaration they made.

"A person who passed away on Jan 22, 2010 does not have the legal capacity to initiate any court proceedings unless it is for the administration of its estate.

"Furthermore, during his lifetime the sultan had not filed for any divorce proceedings at any Johor syariah court against me,” she said in court documents challenging the divorce.

Her title as a former sultanah was also revoked following this.

However, the Johor Syariah Court had dismissed the review application in upholding the Lower Syariah Court's decision and issued a gag order not to report it, resulting in this proceeding.