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Sunday, August 23, 2009

Syariah court judge says Kartika's detention is illegal

KUALA LUMPUR: The order to detain part-time model Kartika Sari Dewi Shukarno in prison for the execution of a syariah whipping sentence is ultra vires, said a senior Syariah court judge.

Terengganu Chief Syariah Judge Datuk Ismail Yahya said if the government went ahead with the detention and whipping, it might open itself up to a suit.

“Kartika can sue. This is because her detention, and subsequently the whipping, is illegal,” he said, one day before Kartika has to surrender herself to the authorities at Kajang Women’s Prison to receive six lashes of the rotan for consuming alcohol.

Although Kartika was sentenced to a fine of RM5,000 and six lashes, she was not given a jail sentence. However, prison rules say that only someone who is a prisoner can be whipped.

"The only way for her to end up in jail is if she doesn't pay her fine. But from what I understand, she has paid it.

"So, this means that there is no way that the whipping sentence can be executed," said Ismail.- + selanjutnya
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