On Judiciary & the Perception of BiasesLord Denning said:
“…in considering whether there was a real likelihood of bias, the court does not look at the mind of the justice himself or at the mind of the chairman of the tribunal or whoever it may be, who sits in a judicial capacity.
“It does not look to see if there was a real likelihood that he would, or did in fact favour one side at the expense of the other. The court looks at the impression which would be given to other people.
“Even if he was as impartial as could be, nevertheless if right-minded persons would think that, in the circumstances there was a real likelihood of bias on his part, then he should not sit. And if he does sit, his decision cannot stand.
“Nevertheless there must be circumstances from which a reasonable man would think it likely or probable that the justice, or chairman, as the case may be, would, or did, favour one side unfairly at the expense of the other. The court would not inquire whether he did, in fact, favour one side unfairly. Suffice it that reasonable people might think he did. The reason is plain enough.
“Justice must be root in confidence; and confidence is destroyed when right-minded people go away thinking: ‘The judge was biased.’”
See: Metropolitan Properties Co (FGC) Ltd v Lennon (1969) 1 QB 577
Source: NST, Oct 12, 2008; Zainur Zakaria, Opinion Column, pg 23
To No One Shall We Deny JusticeLet Magna Carta Be Our Beacon Of Justice
Lord Denning said:
“…when the state itself is endangered, our cherished freedom may have to take second place.”
Lord Bingham said:
“Of course the government has a duty to protect the lives and property of its citizens. But that is a duty which it owes all the time and which it must discharge without destroying our constitutional freedoms.
“There may be some nations too fragile or fissiparous to withstand a serious act of violence. But that is not the case in the United Kingdom.”Magna Carte C. 38:
"No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land."
C. 39:
"To no one will we sell, to no one deny or delay right or justice.”
See: Lord Denning in R v Secretary of State (Home Department) ex parte Hosenball (1977)
Source: NST Oct. 12, 2008; Roger Tan, Opinion Column, pg 22
On the Risk of Negative Perception“It does not matter whether perception is right or wrong. It is a negative perception and if not addressed it will harden into reality. Once people lose their trust and confidence in institutions, the country cannot function properly.
"People must believe in the effectiveness of the judiciary and law enforcement agencies. They must believe that the government is serious about fighting corruption.
"What I am trying to do is to formalise these changes.”
Statement made by the Prime Minister Abdullah Ahmad Badawi"People must believe in the effectiveness of the judiciary and law enforcement agencies. They must believe that the government is serious about fighting corruption.
"What I am trying to do is to formalise these changes.”
October 12, 2008, NST, Prime news, pg 4
12 comments:
If our PM understand all these concepts of confidence and perceptions, he would not have failed miserably as he has done.
If he or his advisors embraces these concepts as written by the great Lord Danning, we would not need PKR, HINDRAF would not have surfaces, Bersih would not even attract anyone's attention. It is their total disregard to law and 'distorted perception of goodness for the rakyat' that ignited the wrath of People's Power. Maybe he should be called "Bapak Membara Kesedaran Suara Rakyat".
Ah,.. Pak Lah has found the Magna Carter and found it to be good and true,....
Had he spent time reading, he would have come across, Lincoln's Gettysberg address, or the Martin Luther King's I had a Dream speech,.... and give them some thought,...
or even Ghandiji's letters on Hartal against the British colonials,...
no la, that is too much dreaming,.... his dreams are always of Jeannne,...ZZZZZZzzzzzzz.....
Let it be said that every post that I have sent on the "fax-Email" format has been to 500 practising lawyers, Judges, Law Prof. of Malaysia, Singapore and Australia; legal officers of the A-G's Dept. and every one of those who have received my fax are practicing professionals in the legal profession in Malaysia.
My wife had been wronged by the irresponsibility & criminal conduct of Judge Dato Zainon binti Mohd. Ali., who had abused her judicial powers and she dispensed her personal favours as if she held Royal Prerogative powers; that she is free to favour her friends or clients who may have bribed her to deal the outcome of this Petition in their favour. On the very first day of the first court appearance of this Petition, Judge Zainon binti Mohd. Ali had improperly requested Mr David Hoh to ask my wife if she will consider withdrawing my wife's application for leave to cross examine Mr Kwong Sea Yoon (as secretary of 1st Respondent), Mr Stephen Lim & Mr Wong Kem Chen (both 2nd & 3rd respondents ). I DISCUSSED THIS IMPROPRIETY WITH MY FORMER CLASSMATE AT UNIVERSITY OF SINGAPORE LAW SCHOOL, MR JUSTICE DATO MOKHTAR SIDIN of the Court of Appeal, and he advised me NOT TO WITHDRAW THE APPLICATION TO CROSS EXAMINE respondents. My wife informed Mr David Hoh not to withdraw the application;
I decided to report the above impropriety to the then Chief Justice, Tun Fairoz. I did not tell Mr David Hoh that I was coming to KL to hand my letter of complaint to the office of Tun Fairoz. I handed my letter at 11 a.m. In the evening around 5 p.m. Mr David Hoh telephoned and asked to speak to me at my sister's house, where I always stayed when I was in KL. and on this visit no one knew that I was in KL. except Judge Tun Faroz & Judge Zainon because I had handed my letter to Tun Faroz in the morning. Mr Hoh told me to attend his office the next morning under the pretext that he wanted to discuss with me the contents of an affidavit. I said that he can say on the telephone what he wanted to say. He insisted that I went to his office; at this meeting, Mr David Hoh told me that I had broken his rice bowl and that my letter of complaint had antagonised Judge Zainon binti Mohd. Ali towards him and that I should withdraw. To cut the matter short, I agreed to withdraw. I was then engaged in small talk by David's father, Frank who was my classmate at Law School at Uni. of Singapore. Mr David Hoh then spoke to Judge Zainon to draft "my letter explaining away the issue of my complaint. Mr David & Judge Zainon took more than an hour to finalise their draft. When David asked to sign their letter of withdrawal of my complaint, I TOLD MR HOH THAT I WILL NOT READ THE CONTENTS OF HIS LETTER, BUT IF THE CONTENTS OF HIS LETTER EVER CAME UP, I WILL RELATE THE TRUTH, AND HE WILL HAVE TO BEAR THE RESPONSIBILITY.
In the above circumstances, HOW COULD JUDGE ZAINON NOT RECUSE HERSELF FROM FURTHER PARTICIPATION ? I observe that from this incident, Mr David Hoh BEGAN TO KICK HIS OWN GOAL. The situation from this point on is that my wife WAS ON HER OWN WITH DAVID, JUDGE ZAINON, AND THE 6 RESPONDENTS FIGHTING ON RESPONDENTS' SIDE AND MY WIFE BY HERSELF DEFENDING HER OWN AGAINST HER. Where is the ethical and professionalism among all these Malaysian legal practisioners ? This is the level of your Malaysian legal and judicial community. This is only possible in Malaysia.
I set up my blogg at http://yapchongyee.blogspot.com for the purpose of exposing the crimes and criminal behaviour of Judge Zainon binti Mohd. Ali. The UMNO government is merely posturing Law reform; in truth the English Common Law that has evolved over 1200 years has all the safe guards against abuse of the system; there is the action of MALFEASANCE, and those who hold public office can be prosecuted and removed from office for breach of this law; as judge Zainon is guilty for breach of this law. The CRIMINAL BEHAVIOUR OF JUDGE ZAINON IS OPEN & SHUT ON THIS ISSUE. The facts that I have related on the criminal behaviour of judge Zainon is more than clear evidence that Judge Zainon binti Mohd. Ali HAD FUCKING ABUSED HER JUDICIAL POWERS.
msiaman,
You have a point; but, maybe, he is unsure of it all at the earlier times until waterloo.
Hi Mav,
Giving him the benefit of doubt that he is now "awaken" and dying to make right what is wrong but my worries is not in him, it is with the other "warlords"...
Pak Lah actually do not need to explain much as action speaks louder than words, it is he that he should ask himself, truthfully and sincerely, is he up to task and firm enough to stand up against these "warlords" when "shit hits the fan"? Is he strong enough to tell these "warlords" to go and "chiak sai"?
If he really cakap serupa bikin this time, the people will be able to see it, no need to justify this or that....
Cantonese says...."the more you justify, it also means the more you are trying to cover up something"...."Kai Sik jik see yim sik"...
But like I said, sincerely I hope he is awaken now and will do the "right" thing this time.....better late than never right?
Pak Lah must be JOKING!! Yes, I do agree its a LOT to do with IMPRESSION... NOT ONLY about judiciary, BUT MORE IMPORTANTLY about HIMSELF!! LOL!! Didn't it occur to him that many Malaysians have the IMPRESSION that he's letting his SON & SIL run the country? IMPRESSION that he's been SLEEPING on his job for the past 5 years? And, yes after 5 years or so the IMPRESSIONS became REALITY, as far as the rakyat are concerned? Poriah!! And most of all, didn't he realize that as far as a lot of people in Malaysia are concerned, he DIDN'T WALK HIS TALK??!!
Jefus,
Don't be so happy or unhappy; he's not the worst that is to come.
Toolan,
Explaining is necessary so that the people knows why and what he will be doing; and why certain phenomena will soon happen.
Dhahran Sea,
You said right - impression. Well perception is natural and cognitive.
Mav,
Agree with you on that but only for people whose track record is good, for people who cakap serupa bikin all the while. Then they explain what they want to do so people understand the reason for certain actions.
But for our PM case, it does more harm than good for him to explain too much as in people's eyes, he is either flip flopping or giving lip service.
That is why, the way I see it for him, especially him now, stopping explaining, just do it. I believe we the people, like you and me and millions more in Malaysia are smart enough to see the result and we the rakyat will be the judge if he is indeed cakap serupa bikin.
Our PM's problem is he keeps telling people this and this and this but what happen in the end? Always the opposite of what is intended. So, for him and people like him, there is no point explaining anymore as people has lost the faith in them, and how do you earn back the faith? I think the answer you know as well Mav. Always, action speak louder than words, talk less work smart.
Hi Mav,
Something for your supper reading :
http://mt.m2day.org/2008/content/view/13721/84/
Will this be another case like the purchase of submarine and big kick back? This time involves Pak Lah.....
what is PAK BENGGAP LAH wants to do now... is he losing his mind? he should think how to sail Cobra Sultan after he retire from PM-ship. moreover his Monkey Boy protege is not going to sail with him to Zimbabwe. he must accept people perception that he is reknown dumb and daft leader. cant that get into his brain? what a waste of GOD giving life!
Toolan,
We haven't seen the last of this PM as yet.
And thanks for the link.
Benggap.Lah,
You should consider giving the PM a chance to proof himself. Let him do something good for the people.
Hi Mave,
The crux of the matter is that all our past & present PM were choosen from their mono ethnic party. As such it's a conflict of interest wearing the hat of PM for all Malaysian versus sticking to the party's bigoted principles.
It takes a man of great virtue & still greater principle to do what's right for the nation & not beholden to the party that put him there in the first place!
I am afraid neither Pak Lah nor Najib fits the bill...
Cheers.
~qwerty~
Post a Comment