"We all know what is right and what is wrong for judges to do. The question is, whether, in spite of that, we still do what we know we should not do and do not do what we know we should do," Chief Justice of Malaysia Abdul Hamid Mohamad said this today at the conference attended by almost 200 judges from the High Court, Court of Appeal and the Federal Court."Judgeship is not a reward, not a semi-retirement, not a solution for a problem somewhere else. It is hard-work, honest hard-work," CJ added.
"While we judge people, people also judge us," CJ reminded all the judges attending the conference.
"The public expects a high standard of honesty and integrity from judges. We are the last hope and the last frontier for the people."
Abdul Hamid CJ also welcomed suggestions to have a separate commission to appoint judges as it would help improve the public's perception of the judiciary.
However he said, the correct criteria must be used to choose the candidates.
Abdul Hamid CJ today welcomed the call by de facto law minister Zaid Ibrahim for the government to apologise to former lord president Salleh Abas for his sacking in 1988.
Abdul Hamid said the negative public perception on the institution was not a result of "what had happened just a few months ago, but an accumulation of what has been happening over the past two decades beginning with the dismissal of lord president Tun Salleh Abas and two former judges (Wan Suleiman and George Seah)."
"Politicised to the hilt, the full effect is now felt and we bear the burden of trying to redeem those negative perceptions," CJ said.
Abdul Hamid also touched on issues such as the delegation of tasks - letting anyone other than the presiding judge write a judgement, "double presumptions", "cut-and-paste judgements, the new Arbitration Act 2005 and the role of the Syariah Advisory Committee in Islamic finance cases.
The highlight of the three-day conference, which kicked off today, is a four-cornered forum consisting the judiciary, the attorney-general, the police and the anti-corruption agency.The purpose of the forum is to enable the four agencies to interact with each other in order to find solutions to problems plaguing the administration of criminal justice in the country.
Source: Malaysiakini: Judiciary backs apology to Salleh
4 comments:
The CJ must have suddenly found his tongue, very good.
Hopefully, his words are translated into action of some kind, if not ... cakap cakap saja lah.
Yap Chong Yee,
5a Prinsep Road,
Attadale, WA 6156
Email :ychongyee@yahoo.com.au
Blogg. http://yapchongyee.blogspot.com
To,
Chief Justice Abdul Hamid Mohamad
HIGH COURT, K. LUMPUR,
Dear Sir, YAB.
Re: Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
I read in today’s Malaysiakini quote :
“breaking news updated 2.40pm However, Chief Justice Abdul Hamid Mohamad says it is up to the government to decide if wants to apologise to the former lord president over his 1988 sacking” .
If it is true that the Malaysian Judiciary under your leadership wants to regain the respect & trust of the Malaysian people, IS IT NOT TIME TO CORRECT ALL THE INJUSTICES THAT WERE PERPETRATED BY YOUR JUDGES, who had acted illegally and in the case of the performance of Judge Dato Zainon binti Mohd. Ali in her adjudication of my wife’s petition had in fact acted CRIMINALLY in the above Originating Petition ?
I had written to you, the Malaysian Attorney General, President & Secretary of the Malaysian Bar and many, many randomly picked legal practitioners of Malaysia, stating the facts of my wife’s petition and the criminal conduct of Judge Zainon binti Mohd. Ali, who had, in circumstances that constituted unlawful and criminal behaviour, Judge Dato Zainon binti Mohd. Ali had struck off my wife’s petition.
It is disgraceful and hilarious that Judge Dato Zainon binti Mohd. Ali was so utterly incompetent or so very lacking in knowledge of the law that she failed to effectively achieve THE STRIKING OUT OF SAID PETITION, as I will state the facts that underscore my opinion that Judge Dato Zainon binti Mohd. Ali, DID NOT KNOW HOW TO ACHIEVE A STRIKE OUT OF SAID PETITION.
I will state the facts very briefly :
(1)My wife filed a petition to dissolve her company. Respondents applied for security for costs in the sum of Rm.650,000 combined (6 respondents).. My wife paid Rm.60,000 towards security for costs as ordered by Judge Zainon. All 6 respondents ACCEPTED THE Rm.60,000 as security for costs.
(2) Upon payment by my wife of said Rm.60,000, Respondent Stephen Lim Cheng Ban FOLLOWED WITH A 2ND AND LATER APPLICATION FOR STRIKING OUT SAID PATITION. I WANT TO EMPHASISE THAT NO APPLICATION FOR SETTING ASIDE OF ORDER FOR SECURITY FOR COSTS EVER MADE AND NO ORDER WAS EVER MADE BY JUDGE ZAINON TO SET ASIDE THE ORDER FOR SECURITY FOR COSTS.
This is the important point, THAT NO APPLICATION WAS EVER MADE PRECEDING RESPONDENT STEPHEN LIM CHENG BAN’S APPLICATION TO STRIKE OUT SAID PETITION. This illegal and unlawful application was made after Stephen Lim Cheng Ban HAD TAKEN HIS SHARE OF THE SECURITY FOR COSTS.
Therefore, Judge Dato Zainon havinf ordered the payment of Rm.60,000 and with knowledge that my wife had paid the secuiryt for costs because Judge Zainon on her own initiative changed the terms of the Order for security for costs and knowing that my wife had paid to the respondents said Rm.60,000 went on and approved the unlawful and illegal application for striking out of said petition.
(3) I Charge Dato Zainon binti Mohd. Ali with committing the criminal offences of aiding & abetting PERJURY & FORGERY, participated in a conspiracy to PERVERT THE COURSE OF JUSTICE, BUSE OF POWER, aided & abetted a conspiracy to obtain money under false pretences, obstructing a police investigation.
I will defend myself if the Attorney General will prosecute me for making these criminal charges against a senior Judge of the Court of Appeal.
Having said that it is more important why the Attorney General will not investigate Judge Zainon binti Mohd. Ali for committing all these criminal offences. ?
I have written to YAB many times and I have not ever received any reply for you. Please take notice that I am charging one of your most senior judge with criminal behaviour. Are you not going to defend the good name of your Judge ?
I also read another report in today’s Malaysiakini that carried a story by the regent of Perak saying :
“The judiciary cannot continue on a course of ‘business as usual’ at a critical time in the nation’s history, said Perak Regent Raja Nazrin Shah as he called for “a judicial renaissance”.
I shall enclose this letter and I will write another letter to Yang Mulia (hope it is correct protocol).
Copy :
Yang Mulia HRH Regent of Perak, Attorney General, President & Secretary of Malaysian Bar, Judge Dato Zainon binti Mohd. Ali.
All copies to be faxed.
ORIGINAL TO C J MALAYSIA, by registered post.
ORIGINAL LETTER AND COPY TO HRH REGENT OF PERAK.
Mave, Wasn't Abdul Hamid CJ also was complicit in the whole sordid affair?
Are they trying to give him some makeover so that he is made relevant like what they did for Abu Talib and give him an easy good paying job of doing nothing much at SHAM?
Gan,
This CJ is a man with integrity.
Yapchongyee,
You must have tried extremely very hard. Hope it bears fruit.
Wits0,
No, Abdul Hamid was and is a good judge.
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