Jais, Mohd Ezra resolve assessment of damages for wrongful prosecution


  • Nation
  • Thursday, 13 Jan 2022

KUALA LUMPUR: ZI Publications Sdn Bhd director Mohd Ezra Mohd Zaid, the Selangor Islamic Religious Department (Jais) as well as five others have reached an agreement on the assessment of damages for him for wrongful prosecution by the Selangor Chief Syarie Prosecutor in 2013.

His lawyer, Fahri Azzat, told this to reporters when contacted after the online proceedings conducted through Zoom before High Court Judge Datuk Ahmad Kamal Md Shahid on Thursday (Jan 13).

He added that allparties agreed to settle the claim (assessment), but also said that the terms of the settlement contained in the consent judgment could not be disclosed.

On May 29, 2012, JAIS raided the business premises of ZI Publications and confiscated 180 books entitled 'Allah, Freedom and Love' written by a Canadian writer, Irshad Manji. Mohd Ezra was also arrested.

ZI Publications and Mohd Ezra then filed a judicial review application to challenge the raid carried out by Jais.

On March 7, 2018 the Kuala Lumpur High Court dismissed their application and they later brought the matter to the Court of Appeal.

On Sept 25, 2019, Mohd Ezra succeeded in his bid at the Court of Appeal to prevent the Selangor Syariah prosecution from proceeding with its case against him for the publication, distribution and possession of Irshad Manji’s book, which was deemed to be against Islamic law.

On Sept 29 last year, the Federal Court dismissed a leave application to appeal by the Selangor Islamic Religious Department (JAIS) and four others against the Court of Appeal’s ruling.

In allowing his appeal, the court granted him a certiorari order quashing his arrest and prosecution by the Selangor Syariah prosecution chief, besides costs and damages for mental distress, agony and torture as a result of the Selangor Islamic Religious Council (JAIS)'s wrongful action against him.

The court also ordered the matter to be remitted to the High Court assessment of damages.

On Dec 17, 2020, the Syariah Court discharged and acquitted Mohd Ezra on charges related to publishing a book which was deemed to be against Islamic law.

He was charged in the Lower Syariah Court in 2013 in relation to the publication of the Canadian author Irshad Manji’s book of the same title. - Bernama

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  Court , Mohd Ezra , ZI Publications , JAIS , damages

   

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