The Joint Action Group for Gender Equality (JAG) has criticised the stealth with which the Pahang religious authorities have reviewed the whipping sentence on part-time model Kartika Sari Dewi Shukarnor.

JAG said it has obtained its information on developments only through media reports, learning on Monday that the Kuantan Syariah appellate court has upheld the sentence.

NONE Kartika was found guilty of drinking beer in public. Her sentence includes a RM5,000 fine, which she has paid, as well as six strokes of the rotan - execution of which was deferred pending the judicial review.

Today, the NGOs questioned why the review process has bypassed interested parties.

“We are astounded,” said Sisters in Islam (SIS) programme manager Mas Elati Samani, at a joint press conference this morning.

SIS, one of the NGOs in JAG, had filed an application on Sept 18 at the Kuantan Syariah High Court, seeking a revision and stay of execution of the sentence.

After submitting official documents, all it received was notification that the revision has been filed and will be examined in due time. SIS had also applied to hold a watching brief during the judicial review, but was not called in to attend the proceedings.

jag suaram hakam join pc on kartika case 300909 hamidah marican SIS executive director Hamidah Marican (left) , speaking for the NGOs, said they “are gravely concerned that the Pahang Syariah Appeals Court had heard and decided the revision of Kartika’s sentence of whipping without all the relevant stakeholders in attendance to present arguments, or the public being informed of the hearing”.

“Who are the judges on the panel, what were the points of law discussed and what is the judgement on the matter?” asked her predecessor Zainah Anwar, a former human rights commissioner.

Zainah noted that these are important matters which not only impact on the case but also negatively reflect on the transparency of proceedings in the Pahang Syariah Court.

‘Bigger issue involved’

Kartika herself has adamantly refused to appeal the caning sentence and has further instructed her lawyers to inform all parties not to intervene in her case.

jag suaram hakam join pc on kartika case 300909 honey tan Asked why JAG continues to pursue the matter, Selangor Society for Community Awareness head Honey Tan said the case is “symptomatic of a bigger issue” which needs to be addressed.

Tan explained that JAG is always looking for cases which can set a precedent against laws like the Syariah Criminal Offences Act, which “violates the federal constitution”.

In the Kartika case, the Act breaches Article 82 of the federal constitution, which prohibits any form of discrimination based on gender, religion, race or place of birth.

Tan said the NGOs are also interested in providing assistance and support to others who have been sentenced along with Kartika - three male customers and the waitress arrested at the same place.

Human rights watchdogs Suaram and Hakam are supporting JAG on the issue.

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