Lawyer ticked off over no-show Taib’s son

KUALA LUMPUR: A senior Syarie lawyer representing the son of Sarawak Governor Tun Abdul Taib Mahmud was rebuked during the tycoon’s divorce trial for improperly seeking a postponement that resulted in Datuk Seri Mahmud Abu Bekir’s absence from court yesterday.

Abu Bekir was scheduled to take the stand yesterday, but was not present during the hearing.

Judge Muhamad Abdul Karim Wahab said he received a phone call from the Shariah chief judge asking if yesterday’s hearing could be vacated after the former rejected Datuk Zainul Rijal Abu Bakar’s correspondence seeking the postponement.

Zainul Rijal is representing Abu Bekir in the retrial of his divorce from Shahnaz Abdul Majid.

“Currently, there are so many issues... and instances where the Shariah courts are being compared to the civil courts in terms of conduct, and we have things like this happening,” said Karim.

“You cannot write to the court asking for a postponement; it is just not that simple.

“After that, I got a call from the Shariah Chief Judge asking if I can postpone this case... I had to say no, and explain that any application for postponement will have to be heard in the court,” he said, pointing out that the case is being closely monitored globally through the social media.

Saadiah Din, who was present on behalf of Abu Bekir, explained that Zainul and their client were absent as they thought that the trial will be postponed to a later date.

But Karim reminded the defence lawyer that as a seasoned legal practitioner she should take note and adhere to the court’s standard operating procedures.

He then reference the high-profile judge fixing scandal in 2002 that culminated in the formation of royal commission of inquiry in 2007, which found clear breaches of ethics and criminal misbehaviour by some of Malaysia’s top judges, businesspeople and politicians.

“I’m sure you all remember VK Lingam, on how a coincidental meeting somewhere in Australia with a judge caused so much trouble for the judiciary,” said Karim, referring to claim that Lingam had a hand in brokering the appointment of top judges.

“So, if you see me pulling a long face in public, don’t take it to heart,” he added jokingly.

Shahnaz’s lawyer, Akbardin Abdul Kader, then asked the judge to fine Abu Bekir RM15,000 as a deterrent.

“The reason given by the defence is self-serving, they can make excuses but the fact is that the court had rejected their demand for postponement but the defendant failed to be present and failed to give reason,” he said.

“This case has been going on for far too long and to show seriousness the court should set a high fine so that no one takes advantage of the process,” added Akbardin.

He told reporter outside the courtroom that Shahnaz had cut her trip to the United Kingdom short and returned last week in order to prepare for cross examination of Abu Bekir scheduled for yesterday.

Abu Bekir previously testified that he discovered his ex-wife was not a virgin on their wedding night on January 9, 1992.

The status of Shahnaz’s virginity has become a key issue in Abu Bekir’s bid to dismiss her claim for a RM400 million divorce settlement.

In her divorce papers, Shahnaz, is seeking some RM400 million in a divorce settlement, including matrimonial property and mutaah (Islamic conciliatory payment), as well as half the assets owned by her ex-husband, including seven luxury cars, thousands of hectares of land in Sarawak, homes in countries abroad and shares in about 15 companies.

According to previous media reports, the sister of Malaysian jazz queen Datuk Sheila Majid had sought to end the marriage in accordance with the Islamic Family Law (Federal Territories) Act 1984, citing her husband’s alleged failure to give her nafkah batin (conjugal rights) since 2001.

Shahnaz and Mahmud Abu Bekir married on January 9, 1992, when they were aged 28, and they have a 20-year-old son named Raden Murya.

Mahmud Abu Bekir filed for divorce almost two decades later on May 11, 2011.