translation The Kuala Lumpur High Court will make its decision tomorrow on an application by Everest climber M Moorthy's wife, Kaliammal Sinnasamy, 30, that her husband had never converted to Islam.

At the end of the hearing, Judge Mohd Raus Sharif said he would have to examine the lengthy submission by lawyers on both sides of the controversy before making his decision.

In her application, Kaliammal ( photo ) sought a declaration that her husband was not a Muslim but a Hindu who observed Hindu customs before his death and that all documents relating to his conversion to Islam were unlawful, null and void.

Moorthy, 36, died last Tuesday at the Intensive Care Unit of Hospital Kuala Lumpur after he was transferred there when he suffered from difficulty in breathing.

The former soldier was paralysed seven years ago after a fall while training at the Sungai Udang army camp in Melaka.

Moorthy joined the armed forces in 1988 and was one of the 10 individuals in the Malaysia Everest team - two of whom reached the peak of the world's tallest mountain on May 23, 1997, the first Malaysians to achieve the feat.

His body lied in the hospital morgue as lawyers argued in court today whether he was a Muslim or Hindu.

The Federal Territory Islamic Affairs Council (MAIWP) had claimed that the Everest hero was a Muslim and he should be buried in accordance to Islamic rites.

This was disputed by Moorthy's family. Last Thursday, the Shariah Court, on an application by MAIWP, ruled that Moorthy was a Muslim.

No clear evidence

Kaliammal's counsel, M Manoharan ( right ) told the High Court that there was no clear evidence to prove that Moorthy had converted to Islam as claimed by the Islamic council.

"The council has never produced any document to the court to prove that the decease was indeed a Muslim," he said.

He also questioned the legality of the affidavit which was submitted to the court by MAIWP's secretary, Che Mat Che Ali. Manoharan claimed that the Islamic council secretary did not have the authority to do so.

"Who is he? Did he know Moorthy? He is not qualified (to submit the affidavit) as he does not have full knowledge of the case," said Manoharan.

He also asked where MAIWP was when Moorthy fell into coma on Dec 11 and who actually took care of Moorthy when his condition turned critical.

In his submission, Manoharan argued that Moorthy was a Hindu before his death on Dec 20 and as such his burial should be done according to Hindu rites.

According to Manoharan, there was no documentation showing the actual date Moorthy had converted to Islam and whether the deceased had fulfilled the conditions required under Section 85 to 95 in the Islamic law relating to conversion.

He told the court that Moorthy had participated in the prayers session in Batu Caves and the procession to Sri Subramaniam Temple during the recent Thaipusam celebration.

Manoharan added that Moorthy had also consumed alcohol and pork during the recent Deepavali celebration.

In addition, TV3 had interviewed Moorthy and his family on Oct 31 about their preparations to celebrate Hindu festival.

According to the counsel, even if Moorthy had embraced Islam, the court must answer the question whether the deceased was in a situation to make such a decision as he had once suffered a loss of memory and could not find his way home.

As such, MAIWP must convince the court by producing Moorthy's conversion certificate as proof that the deceased had embraced Islam.

No jurisdiction

Meanwhile, counsel for MAIWP, Fakhrul Azman Abu Hasan, argued that the case should not be heard in the High Court as matters relating to Islamic affairs came under the jurisdiction of the Syariah Court.

Therefore, he said the High Court should respect last Thursday's ruling by the Syariah Court.

Fakhrul Azman told the court that a military officer, Shukri Yahya, had informed Moorthy's wife that her husband had converted to Islam on Oct 11, 2004.

He said Shukri had also told Moorthy's wife that if her husband died, the Federal Territory Islamic Affairs Council would accord him a Muslim burial.

"Why didn't his wife protest then when Shukri informed her about the matter?" he asked.

At that juncture, judge Mohd Rauf asked the counsel why he did not produced any document proving that Moorthy was a Muslim.

In reply, Fakhrul Azman said that such documentation was unnecessary as the Syariah Court had already ruled that Moorthy was a Muslim.