The Royal Customs Department and the Home Ministry were today ordered to return eight CDs containing the word 'Allah' to Jill Ireland.

Justice Tengku Maimun Tuan Mat, in reading out the Court of Appeal's judgment affirmed the Kuala Lumpur High Court's decision to return the CDs to Ireland.

"The court orders the release of the CD's within one month from today," she ruled.

She also ordered that the declaration sought by Ireland on the use of the term 'Allah' be heard again at the High Court.

The full written judgment was by Justice Abang Iskandar Abang Hashim. The other judge of the three-person bench was Zakaria Sam. Senior Federal Counsel Shamsul Bolhassan ( photo ) appeared for the government.

In the appellate court's decision, Justice Tengku Maimun said the Customs Department acted ultra vires (beyond the law) ‎of Section 9 of the Publication of Printing Presses Act 1984.

"The order to seize the CD's was not envisaged by Parliament.

"The order was issued by the Customs Department's Suzanah Muin who was not empowered to make the order."

She also ruled that the allegations by Ireland that the ban on her use of the term 'Allah' violated her rights under Article 8 (Equality) and 11 (Freedom of Religion) be remitted back to the High Court before another judge.

The court then fixed July 2 for the case to be mentioned at the High Court in Kuala Lumpur. No order  as to costs were made.

Unconstituional seizure

On April 23, this year, the court reserved its decision after hearing submissions from Ireland’s counsel Lim Heng Seng, and the Home Ministry and government in their appeal against the Kuala Lumpur High Court decision on July 21.

Ireland, a Melanau Christian clerk, had cross-appealed the High Court’s decision to not grant the declaratory reliefs she had sought.

On May 11, 2008, the eights CDs bearing titles such as ‘Cara Hidup Dalam Kerajaan Allah’, ‘Hidup Benar Dalam Kerajaan Allah’ and ‘Ibadah Yang Benar Dalam Kerajaan Allah ’, were seized from Ireland upon her arrival at the Low Cost Carriers Terminal (LCCT) at Sepang.

She subsequently filed a judicial review application on Aug 20, 2008 seeking for the return of the CDs as well as declaratory reliefs.

At the appeal proceedings, Ireland’s counsel Lim Heng Seng ( photo ) submitted the Home Ministry’s action to seize the CDs was unconstitutional and had violated her right to freedom of religion guaranteed under the federal constitution.

Lee further submitted that Ireland should be free to practise her religion, including using the word ‘Allah’ in any part of Malaysia because the federal constitution had guaranteed that right.

However, the government countered that Ireland’s right to freedom of religion was not absolute but subjected to public order, public health and morality under Article 11(5) of the federal constitution.

'A good decision'

Outside the court, Shamsul told reporters that the attorney-general would decide later whether to appeal today's decision.

Lim, meanwhile, it was a good decision to return the CDs after eight years.

"This is certainly good news for the people of Sarawak," he said.

He refused to speculate whether today's decision was prompted by the Sarawak state election which has to be called by the middle of next year.

“That you have to ask the politicians,” he said.

On explaining the two declaratory reliefs which would go to trial, Lim said these were constitutional issues regarding Article 8 (equality before the law) and Article 11 (freedom of religion) which have not been decided by the  Herald Catholic weekly case .

“It has not been decided in that case and that is why it is being sent to the High Court to decide,” he said, adding Ireland was seeking her right of equality before the law on her right to use the term 'Allah'.

“That is the issue that this court has sent back to High Court to decide. These are two declarations sought which are not impacted by the Herald decision (Roman Catholic Archbishop case) and this has to be decided by the High Court,” Lim explained.

Matter will be pursued

Sarawak Sidang Injil Borneo president Reverend Justin Wan, when met, hailed today's decision by the Court of Appeal.

“We are glad that the court is on our side and we are going for the next step in getting the CDs.

“Hopefully, it would be settled and no more court cases,” he said, adding that Ireland was a member of his congregation.

Wan ( photo ) said Ireland who was from Mukah, was not here for today's verdict as she was working.

Asked what if the government appealed the matter, the SIB president for Sarawak said they would pursue the matter until completion.

Besides Lim and Annou Xavier who represented Ireland, the case also saw a host of observers from the Malaysian Bible Society, the Sidang Injil Borneo Sabah, the Sidang Injil Borneo Sarawak, the Malaysian Consultative Council for Christianity, Buddhism, Taoism, Sikhism and Hinduism, the Roman Catholic Church and the Malaysian Bar Council.