Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian filed an additional affidavit today at the High Court here through their lawyer R Kengadharan. The lawyer filed it on their behalf as his clients are in Labuan and it would take time for them to file the additional affidavit.
Kengadharan said Hadi, who is a special envoy to the Middle East and also the Marang MP, posted a statement on his Facebook page on March 4 in response to a Feb 25 verdict by a nine-member bench.
“By publishing a contemptuous statement, Hadi cannot approach the court ‘with unclean hands’ for the relief to strike out the suit,” he said in the affidavit sighted by FMT.
Last month, Chief Justice Tengku Maimun Tuan Mat who had led the bench ruled that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 which criminalises unnatural sex was unconstitutional as the Selangor state legislature was incompetent to pass the law since it was already on the Federal List.
An English translation of Hadi’s alleged disrespect to the Federal Court as attached in the affidavit reads:
“Unfortunately there are among the new judges, (those) who have lost their religious sensitivity.
”They make decisions based on the books they read, not in accordance with their minds which carry discretions.
”Unfortunately, there are Malay-Muslims who in their hearts are not sensitive towards Islam, despite having gained independence for more than half a century.
”More unfortunately, there are among them who portray themselves as Englishmen more than the English people.
”When there is a court decision which dares to challenge the Selangor Syariah Criminal Enactment, it becomes like a big rock being smashed into a calm pool.
”It was thought that there were no more crocodiles maintained by the British colonialist in it, but suddenly the crocodile raises its head.”
Last month, Hadi filed the striking out application saying the Sabahans did not disclose any cause of action against him and that it was vexatious, frivolous and an abuse of the court process.
Hadi said Maklin and Lawrence also did not have the legal standing to file the suit as they did not disclose whether they represented all Christians.
Judge Akhtar Tahir will hear the striking-out application on April 19.
Maklin, 48, and Lawrence, 64, want a declaration that Hadi had committed the offence under Section 3 of the Sedition Act, and a declaration that he is unfit to hold any position in government.
In their originating summons, they claimed Hadi made a seditious statement in the PAS newsletter Harakah on Jan 18, 2016 against Christians and/or Christian missionaries.
In their affidavit to support their action, they also said Hadi’s statement was published by FMT on the same day.
“We respectfully believe that the defendant has made an unfounded statement and cast aspersions on Christians and/or Christian missionaries, which has become a matter of public interest,” they added.