Kartika Caning – Attorney General: “Justice Hurried Is Justice Buried”

Ever wondered what is happening to the caning case involving Malaysian model Kartika Sari Dewi Shukarno who was sentenced by a Syariah Court to a fine of Rm5,000 and 6 lashes of the cane for drinking alcohol? The appeal panel of the Syariah High Court had already ruled that the caning sentence should proceed. So what’s holding up this caning, which will make Kartika Sari Dewi Shukarno the first woman to be caned in Malaysia?

Now Attorney-General Tan Sri Abdul Gani Patail has spoken out on this case. He said: “I believe there must be a reason for the delay in punishment. We must bear in mind that justice hurried is justice buried.”

But that leaves us no wiser as to what is holding up the punishment.  However the Attorney-General did say that in Kartika Sari Dewi Shukarno’s case, as in any other case, punishment should be carried out fast but only after a study to uphold justice.

So could it be that this study is taking longer than expected? Is the Attorney-General doing this study and thus delaying the  caning punishment on Kartika Sari Dewi Shukarno? 

Well his answer is a definite “No such thing”. Attorney-General Tan Sri Abdul Gani Patail went on to say: “Who am I to interfere and delay punishment. I have told my officers not to delay the case.” 

Explaining further, the Attorney-General said that it is the Syariah Court that has jurisdiction over the implementation of the caning punishment on Kartika Sari Dewi Shukarno.  He added that he respected the decision of the Syariah Court.

In closing, the Attorney-General added this piece of advice: “Don’t make noise just because we don’t like the decision made by the Syariah or Civil courts. Appeal to a higher court for a decision.”  

But that is where the problem lies.  Who can appeal?  Obviously the convicted person can, in this case, Kartika Sari Dewi Shukarno.   The problem is that Kartika Sari Dewi Shukarno has decided not to appeal the caning sentence. In fact she wants it to be carried out publicly as a lesson to other Muslims not to drink alcohol. And she wants it carried out quickly so she can carry on with her life.

Who else can appeal?  Well, the Prosecutor obviously can, especially if it appears that the punishment does not commensurate with the severity of the crime committed. But in the case of Kartika Sari Dewi Shukarno, the Prosecutor is not appealing.

That leaves the third party appeal as the only possiblity of an appeal in the caning sentence of Kartika Sari Dewi Shukarno. But the third party must have a basis to make this appeal.  In Kartika Sari Dewi Shukarno’s case, Sisters In Islam tried to make a third party appeal, claiming to act in the public interest.  However, its application to file the third party appeal was rejected.

The Malaysian Government is anxious to preserve Malaysia’s carefully cultivated image as a moderate Muslim country, and is concerned that the caning of Kartika Sari Dewi Shukarno, if and when carried out, may tarnish this image.  But how to set aside the caning sentence when there is no appeal before the Syariah High Court?

Earlier posts

Kartika Caning – Sisters In Islam Questioned By Police
Kartika Caning – Why Prevent Open Discussion?
Kartika Caning – What’s At Stake?
Kartika Caning – Battle Line Drawn
Kartika Case – Caning Sentence Upheld
Kartika’s Caning – Sisters In Islam Explains Intervention
Kartika’s Caning – Sisters In Ilam Intervenes
Who Is Kartika Sari Dewi Shurkarno?