WHY has there been such a furore over the government’s amendment of the Subordinate Courts Act? And why should the public care that the Act has been amended? As a result of Parliament passing the amendment, the Sessions Court can now hear civil cases worth up to RM1 million while the Magistrates Court cases worth […]
judges
“I’m not biased, I’m impartial”
By Ding Jo-AnnIT’S been a long, uphill battle for the Malaysian judiciary over the past two decades. From Lord President Tun Salleh Abas‘s sacking in 1988 to the 1996 poison pen letter and the 2007 Lingam video tape exposé, the public is not unjustified in doubting judicial independence. Familiar murmurings have begun again on whether anything has […]
Victory for land owners
By Ding Jo-Ann“We, therefore, agree with the High Court Judge that, on the facts of this case, even if the instrument of transfer was forged, the respondent nevertheless obtained an indefeasible title to the said lands.” FORMER Chief Justice Tun Mohd Eusoff Chin in 2000 in the Federal Court case of Adorna Properties Sdn Bhd v Boonsom […]
Nazri’s remarks over Lingam case “irresponsible”
By Ding Jo-AnnPETALING JAYA, 18 Nov 2009: Datuk Seri Mohamed Nazri Abdul Aziz‘s challenge to Karpal Singh to prosecute VK Lingam himself has come under fire by senior lawyers who have described his remarks as irresponsible. Former Bar Council president Yeo Yang Poh said the remark by Minister in the Prime Minister’s Department was “not responsible” because […]
Lingam tape: Who’s being protected?
By Ding Jo-AnnSOMETHING feels horribly amiss in the government’s recent declaration that lawyer VK Lingam won’t be charged for his role in brokering the appointment of top judges. The government’s focus on whether to charge Lingam or not feels like a red herring. After all, the Royal Commission of Inquiry clearly found ethical and criminal misbehaviour by […]
The big deal about a full bench
By Deborah LohGetting the full 11-member bench to hear the case is atall order A FULL bench of judges to hear appeals at the federal court has never been granted in Malaysia’s judicial history, lawyers recall. Some say this is not surprising. For administrative, procedural or logistical reasons, having all judges of the highest court available at […]
Why no action in Lingam case?
By Koh Jun Lin“The Commissioners find sufficient evidence of misbehaviour on the part of certain individuals or personalities identified or mentioned in the video clip.” “The Commissioners find sufficient cause to invoke the Sedition Act 1948, the Legal Profession Act 1976, the Official Secrets Act 1972 and the Penal Code against the various individuals mentioned in the video […]
The deal about judicial KPIs
By Ding Jo-AnnChief Justice Tun Zaki Azmi THE setting of key performance indicators (KPIs) for judges is being touted as the mechanism that will turn Malaysia’s beleaguered judiciary into an efficient, justice-dispensing system. Chief Justice Tun Zaki Azmi has made improving judicial efficiency his personal mission. “I want to ensure that justice is produced fast. Clear the […]
Invoke Judges’ Code of Ethics
By AliranJUSTICE is becoming a rare commodity in our courts when judges of questionable ability sit in judgment. This situation raises serious concerns regarding the appointment of judges and their elevation to the bench. In the recent cases involving the Perak crisis we wonder whether the Federal Court judges and the Court of Appeal judges who […]
New federal and appeal court judges appointed
KUALA LUMPUR, 15 April 2009: Three Federal Court and five Court of Appeal judges received their letters of appointment from Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin at Istana Negara here today. The three Federal Court judges are Datuk Gopal Sri Ram, Datuk Wira Mohd Ghazali Mohd Yusoff and Datuk James Foong Cheng Yuen. The […]