Shahnaz A Majid has complained of "hidden hands" behind the Syariah Court of Appeal’s decision in ordering a re-trial of her claim of “compensatory gift” in her multi-million ringgit divorce dispute with Mahmud Abu Bekir Taib, the eldest son of Sarawak chief minister Abdul Taib Mahmud.

NONE Lawyer Rafie Mohd Shafie - who represents Shahnaz ( centre of photo ) - said this as he began the session before newly-appointed judge Mohamad Abdul Karim when the matter had been brought up for case management today.

“There are truly hidden hands in the case as the Syariah Court of Appeal has ordered a re-trial to the case although the case had been going on fine. The upper court acted wrongly in making the decision, and the Syariah Court of Appeal had no business in ordering a re-trial before another judge as the case was (still) ongoing.

“This is improper as this sets the case back when it started 18 months ago. This will result in the case being prolonged further with no signs of an end,” he said.

Justice Mohamad - who replaces the previous judge, Mohamad Abdullah - kept mum as he noted that he had been appointed to oversee the case before him.

NONE On Nov 14, it was reported that the Syariah Court of Appeal allowed Mahmud Abu Bekir's ( left in photo ) application for a re-trial without any lawyers for Shahnaz being present.

Attempts by Shahnaz's lawyers to apply for a review of the controversial Syariah Court of Appeal decision in November before another panel at the Court of Appeal this year, had failed.

This comes after the Syariah Court of Appeal had - on April 24 - upheld the decision by the earlier panel, and had also set aside the Syariah High Court ex-parte order for Mahmud Abu Bekir to furnish details of his assets.

Shahnaz is seeking a total of RM400 million in her matrimonial asset dispute and "compensatory gift" in an application filed in March 2011. It was noted that the couple was officially divorced on May 11, 2011 after 19 years of marriage.

Court orders party to attend

Mahmud Abu Bekir was not present at today's proceedings, prompting Rafie to request the court to issue a warrant arrest against the defendant as this was not the first time that the Sarawak chief minister's son had been absent.

His house, the lawyer along with co-counsel Akbardin Abdul Kader, said is fairly near and if we were to throw a stone it can reach there.

Mahmud Abu Bekir's lawyer, Saadiah Din did not provide any reasons for her client's absence.

This led to Justice Mohamad issuing a stern warning to Mahmud Abu Bekir and Shahnaz to always be present at court proceedings.

The Sarawak chief minister's son had in the past skipped several court proceeding , citing being overseas, taking care of his Russian wife hospitalised in London, as among the reasons for missing court proceedings.

With the Syariah Court of Appeal ruling that evidence had to be adduced via oral testimony, parties argued over whether that could be replaced by affidavits.

Lawyers representing Shahnaz say this may speed up the hearing process following the order for re-trial.

Justice Mohamad then fixed Aug 27 to deliver his decision on the matter.

He also fixed the same date for the hearing and also Sept 2 and Sept 9 for continued hearing of the mutaah (compensatory gift) matter.

At another court for Shahnaz's claim for child maintenance, the court fixed Aug 27 for mention of Mahmud Abu Bekir's application to set-aside an ex-parte court order that he had to pay RM902,000.

This came after Shahnaz obtained an ex-parte order ordering her former husband to pay the amount for child maintenance for their 18-year-old son who is presently studying in London.

This application is besides her RM121 million claim for child maintenance until their son completes  his doctorate studies.