KUALA LUMPUR: The prosecution has filed an appeal against the acquittal of lawyer and activist Siti Kasim (pic) of a charge of obstructing a Federal Territory Islamic Religious Department (Jawi) officer from discharging her public duty during an event at a hotel in 2016.
Siti’s lawyer A. Saha Deva informed the press of the matter after case management in a lawsuit filed by Siti, whose birthname is Siti Zabedah Kasim, against Jawi before High Court judge Judicial Commissioner Latifah Mohd Tahar here on Tuesday (Sept 22).
“We have been informed that the notice of appeal had been filed on Aug 27.
“Therefore, the court has fixed Oct 28 for further case management to know the status of the appeal,” he said.
A check with the e-judiciary system showed the appeal has been fixed for mention before deputy registrar Farah Azura Mohd Saad on Oct 5.
With regards to the civil case, Saha Deva said his client would be filing an application to amend her statement of claim.
Lawyer Arik Zakri Abdul Kadir appeared for Majlis Agama Islam Wilayah Persekutuan (MAIWP), which was named as one of the defendants in the lawsuit.
On April 1 last year, Siti sued Jawi – along with MAIWP and its officers – on allegations of wrongful arrest and illegal detention during its 2016 raid of a private fundraising dinner involving transgenders that featured a beauty pageant theme.
In her statement of claim, Siti alleged the actions against her amounted to false imprisonment, misfeasance of public office, and denial of her constitutional rights to personal liberty, and to be told why she was detained.
She claimed to have suffered emotionally from the detention.
On Aug 21, the Magistrate’s Court here has acquitted and discharged Siti Kasim from the charge of obstructing the Jawi officer after finding the prosecution had failed to establish the case under Section 186 of the Penal Code.
Magistrate Tawfiq Affandy Chin said the charge against the accused was flawed because the form of obstruction was not specifically stated.
Siti was accused of resisting arrest by Jawi officer Siti Nor Jihan Saleh @ Md Ghazali, 36, at a hotel here at 10.30pm on April 3,2016.