‘Allah’ Case: Applicant’s Outline Submissions and Leave Questions

The Federal Court today reserved its judgment on the application by the Titular Roman Catholic Archbishop of Kuala Lumpur for leave to appeal against the Court of Appeal’s ruling that its weekly publication Herald is prohibited from using the word ‘Allah’.

The 50-page Outline Submissions and Leave Questions is now available in PDF here.


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Posted on 5 March 2014. You can follow any responses to this entry through the RSS 2.0.

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6 Responses to ‘Allah’ Case: Applicant’s Outline Submissions and Leave Questions

  1. Gopal Raj Kumar

    Quite right Aston Piava, except that the flaws here are anything but de minimis. They are glaring technical and grammatical errors and structural flaws in drafting which would leave a competent judge scratching more than his head to get around it. It is dribble and it remains dribble till corrected.

    As for Adam the whole world? you must remember that old Malay saying "Saperti katak di bawah tempuung". No one outside Malaysia other than small groups of Malaysians who have migrated abroad are interested. The other interested parties being those organizations funded by the civil societies movements and NED.

    The world has more interesting and important things to do than to go after the interests of a bunch of pedophiles fighting the "right" to use the word "Allah".

    The UN and most state authorities in the west are prosecuting and pursuing with great vigour the real issues with the church. Abuse of children through rape over the decades. A distraction like the Allah issues will not obscure the real issues.

    • Aston Paiva

      Argumentum ad hominem

    • Adam_1950

      Do you want me to quote all the statements on the issue from Christians and Muslims alike all over the world? In fact, anyone with a little sense of justice and fairness would know what is right on this issue. And please tell that "bunch of pedophiles" over in East Malaysia that they do not have the right to use the word.

      You are one blinkered person with a dubious agenda. Enough said.

  2. Adam_1950

    With such a submission, the Federal Court would be hard-pressed to come up with proper justifications for the ban, bearing in mind that there are 2 more such cases coming up. The whole world is watching….

  3. grkumar

    Submission of the quality of this particular 50 page dribble by the lawyers acting for the church, being both imprecise in language and in law deserves the outcome it obtained from the Court of Appeal in Malaysia.

    For instance (and this in but one of the many drafting errors and absence of skill in drafting of the legal team) the very first paragraph of their submissions "the revised leave questions are annexed to this outline submission as appendix a", is a very unimpressive opening paragraph and a nonsense.

    It could well have been and should have been written in proper English as " The questions relating to this application for leave (now revised) are to be found in the appendix "A" annexed to this submission.

    The second and more embarrassing paragraph 2. "They are based (who are what is they)….. further the bit referring to the ministers decision could have been better written as "The questions raised in and the subject of this application are grounded on a decision by the Minister of Home Affairs etc…….."

    Further at Paragraph 4. "The Court of Appeal "Reversed the High Court"…….what sort of language is this? especially from a group of lawyers who someone here blindly (or perhaps tongue in cheek) refers to "Impeccably crafted submissions! A job well done by the Church's legal team".

    Perhaps what was meant but not expressed as such was The Court of Appeal Reversed the Decision of the Court Below or the High Court……. How can a court reverse another court? that's the grammar you apply when discussing the movement of a motor car in motion not a court.

    An exercise and an example in mediocrity is the submission of the Church as displayed on this blog.

    Thanks all the same for the opportunity to read the submissions in the Church's application for leave to appeal the Court of Appeal's decision. Perhaps we could find some time to do a more critical analysis of the Church's submission (assuming it is real and not a set up to bring them into disrepute beyond their already tarnished reputations)

  4. Aston Paiva

    Impeccably crafted submissions! A job well done by the Church's legal team.