“FOR any decision, the losing party will say it’s unfair, the winning party will say it’s fair,” says Chief Justice Tun Zaki Azmi. He says as people tend to root for the underdog, decisions favouring the government tend to be viewed as a result of government bias. In the second and final part of an […]
lawyers
“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 […]
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 […]
No pass for Waythamoorthy
By Koh Lay Chin“I am not really aware of what has happened to Waythamoorthy, but as far as I am concerned, the Government has not ordered for his passport to be revoked. If he wants to return to Malaysia, he can do so.” Former Home Minister Tan Sri Syed Hamid Albar tells reporters on 16 May 2008 that […]
Suhakam to decide status of witness statements
KUALA LUMPUR, 2 Sept 2009: A Suhakam public inquiry into the detention of five lawyers for illegal assembly by the police will decide on 11 Sept whether Suhakam has the power to compel witnesses to have their statements recorded. In today’s hearing, police counsel Supt R Munusamy said the power provided to record statements from […]
Access to legal representation a fundamental right
By George VarugheseON 17 July 2009, a group of Kampung Buah Pala residents hand-delivered a memorandum to the Bar Council expressing their concern, inter alia, that they have not been permitted to be accompanied by legal counsel of their choice in their negotiations with the Penang government over land issues. The right of access to legal representation […]
Nazri promises to ensure rule of law
By Zedeck SiewKUALA LUMPUR, 23 June 2009: Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz has promised to look into the Bar Council’s complaints about the arrest of five lawyers in May who tried to represent their clients at the Brickfields police station. “I have accepted this memo, and [the complaints] are in my jurisdiction, I […]
Police must stop harassing lawyers
By Ragunath KesavanTHE Malaysian Bar is alarmed and perturbed that the police continue to harass and intimidate lawyers by calling them in for questioning on matters relating to the execution of their professional duties. Most recently, lawyer Chan Kok Keong was served a Section 111 notice that was silent as to the subject he would be questioned […]
Bar to hold EGM against police action
By Jacqueline Ann SurinPETALING JAYA, 8 May 2009: The Malaysian Bar will be holding an extraordinary general meeting (EGM) on 15 or 16 May next week to protest against the arrest of lawyers trying to represent their clients. Bar Council chairperson Ragunath Kesavan said the EGM would propose a motion calling for the rule of law to be […]
