Thursday, February 01, 2018

Malaysia's top court annuls unilateral conversions of minors

Malaysia's top court in a landmark decision says both parents must consent to the religious conversion of a minor, ruling in favor of a Hindu woman whose ex-husband converted their three children to Islam.

M.Indira Gandhi became caught in a high-profile dispute after her former husband became a Muslim and converted their three children without telling her in 2009. He also snatched their daughter, then 11 months old, from the family home.

Malaysia has a dual court system, secular and religious. Gandhi challenged her children's conversions through the civil courts.

The Court of Appeal ruled that civil courts had no jurisdiction over Islamic conversions, but that decision was appealed to the nation's highest court.

The Federal Court on Monday annulled the children's conversions as they were done without Gandhi's consent.

Officials ask court to send Kennedy cousin back to prison

Connecticut officials are asking the state's highest court to revoke Kennedy cousin Michael Skakel's bail and send him back to prison, reminding justices it has been more than a year since they reinstated his murder conviction.

The chief state's attorney's office filed the request Monday with the state Supreme Court.

Skakel, a nephew of Robert F. Kennedy and his widow, Ethel Kennedy, was convicted of murder in 2002 in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were both teenagers.

He was sentenced to 20 years to life in prison. But another judge granted him a new trial in 2013, citing mistakes by his lawyer. Skakel was then freed after being allowed to post $1.2 million bail while he awaited the new trial.

Prosecutors appealed the lower court ruling to the state Supreme Court, which reinstated the conviction in December 2016 in a 4-3 ruling. Skakel's lawyers asked the high court to reconsider the decision — a request that remains pending. Skakel has been allowed to remain free on bail pending that ruling.

In Monday's petition to the Supreme Court, prosecutor James Killen wrote the court's usual practice is to rule on a request to reconsider a decision within weeks, and it's not clear why it is taking so long.

Cambodian court again rejects bail for opposition leader

An appeals court in Cambodia on Thursday denied a second request for the release on bail of opposition leader Kem Sokha, who has been charged with treason.

The court appearance in Phnom Penh by Kem Sokha, head of the Cambodia National Rescue Party, was his first since his arrest last September. The hearing was held behind closed doors and journalists and other onlookers were kept away.

His prosecution by the government of Prime Minister Hun Sen is widely seen as part of a concerted effort to cripple the opposition ahead of a general election this year.

Kem Sokha's lawyer, Choung Choungy, said the court cited concerns for his client's security in denying bail.

The government has expressed fears of political protests by Kem Sokha's supporters. They have suggested, with no evidence, that violence might result.

Hundreds of riot police were deployed around the court, with several fire trucks and police trucks parked nearby.

The past several years have seen the opposition party face an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced former opposition leader Sam Rainsy to avoid prison by staying in exile and pressured him into resigning from his party.