PUTRAJAYA, Feb 22 — Told this morning that he would have to wait longer to know if his Shariah charges would be dropped, Muslim intellectual Kassim Ahmad lamented over the difficulties he faces as an old man forced to travel to court so regularly.
Kassim, who turns 83 this September, said it was tiring for him to make the numerous trips from his Kedah house to the courts in Putrajaya and Kuala Lumpur.
"I'm 82 plus and I stay in Kulim, I come all the way yesterday.
"They are dragging from court to court an old man like me. It's not easy, if I were 20 years younger, it's different," he told reporters here after the Putrajaya Shariah High Court decided to defer its ruling on whether to drop the charges against him.
Kassim, who wields a cane when he walks, said he has to travel between five to eight hours on the road and even puts up at hotels the day before court cases.
"Of course it's a bit tight lah," he said of his finances.
Kassim said he was disappointed that he was not freed of his charges, arguing that there was no case against him and that his Shariah prosecutors had not properly filed for appeal against the Court of Appeal order.
"I just spoke on 16 of February [2014] a different view from what JAWI is used to, a different view — is that criminal? The Constitution says citizens have a right to freedom of speech, freedom of association and so on, that means they are against the Constitution," he said.
Kassim's lead counsel Rosli Dahlan said that the Shariah prosecutors from the Federal Territories Islamic Affairs Department (Jawi) cannot continue their prosecution against his client due to a Court of Appeal ruling in his favour.
They could have asked for a discharge not amounting to acquittal of Kassim instead of leaving his client with the charges hanging over him, Rosli said.
"Otherwise, can you just imagine if this case is postponed for one year or two years or so on, that means he is forever under bail.
"And when a person is under bail, there is a great deal of difficulty, why? Because every time there is a mention, he has to come," he told reporters outside the courtroom.
"He is from Kedah, every time he comes down here, money has to be spent and because he is old, he has to be accompanied by his family and the bailors have to come," he added.
Rosli pointed out that the Shariah prosecutors could later file the same charges against his client if they had sought for a discharge not amounting to acquittal but subsequently won at the Federal Court.
He also noted that they had not filed for stay of the Court of Appeal order declaring the prosecution as illegal and invalid.
Rosli said it was possible to cite Kassim's Shariah prosecutors for being in contempt of the Court of Appeal's decision, but said it was up to his client to decide on filing such proceedings.
Last month, Rosli had asked the Shariah court to either acquit Kassim or grant a discharge not amounting to acquittal, but the chief Sharie prosecutor had then said an appeal would be filed at the Federal Court.
Earlier today, the Putrajaya Shariah court said it will defer its ruling on whether to drop Kassim’s charges of insulting Islam and defying religious authorities until a final decision by the Federal Court is reached. The next mention date will be on November 1.
In 2014, Kassim was charged at the Shariah High Court in Putrajaya with insulting Islam and defying religious authorities at a seminar in February that was officiated by former prime minister Tun Dr Mahathir Mohamad.
Kassim had then pleaded not guilty to two separate charges under Section 7(b) and Section 9 of the Shariah Criminal Offences (Federal Territories) Act 1997 that both carry a maximum fine of RM3,000 or imprisonment up to two years, or both.
