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The Relevance of Augustine Paul

A meditation about the difficulty of celebrating or mourning the death of Augustine Paul, the judge, who passed away on 2 January 2010 from pancreatic cancer.

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Justice Hurried is Justice Buried

An appreciation of the development of the case management system and the problems with using a Key Performance Index (KPI) based evaluation for the performance of judicial quality and integrity by Mahendran Gnasamoothy.

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Kesilapan v Kebodohan

Tuan yang bijaksana, saya tak tahu apa yang mereka ajar di sistem kehakiman, tapi para peguam dah belajar semua ni masa jadi pelatih dalam kamar. Ooops pensyarah -pensyarah Civil Procedure dan Professional Practice saya pun pernah sebut perkara ni. Tuan tidoq dalam kelas kaa?

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The Importance of Reasons

Chen Mian Kuang considers the repercussions faced by litigants when a court does not give reasons for its decisions as well as the most common reasons offered for not giving reasons.

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Justice is an illusion

It’s really tough being a Judge. Really, I think it’s a thankless job. A Judge can never do any right. I think it was in 1996 that a soon-to-be-really-famous High Court Judge politely asked me and my opponent whether we would mind to remain in his chambers for some small talk after we had finished […]

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Of Judges, KPIs, Justice & Superficiality

Art Harun deconstructs Tun Zaki’s new KPI-inspired leadership and shows it for what it is.

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The Perak Crisis: Keep Focused on the Real Issues

On 11 May 2009, the Kuala Lumpur High Court ruled (per Dato’ Abdul Aziz J) that since there had been no formal vote of confidence on the floor of LA, Nizar remained the rightful MB of Perak. Zambry appealed. The Court of Appeal unanimously reversed the High Court decision but it was some time before the three judgments were released. Two of them, those of Dato’ Raus Sharif and Dato’ Ahmad Maarop JJCA were released towards the end of June while that of Dato’ Zainun Ali JCA was released in early July.

The three lengthy judgments come up to some 240 pages in all and a large number of issues were canvassed and discussed. Dr Kevin YL Tan SJD previously commented on the correctness of the High Court decision and having already discussed the contradictions that arose from the judgments of Raus and Maarop JJCA feels it is timely to revisit the most salient issues in this case.

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Cleaning up the Judiciary – was the Chief Justice right?

When I first read the news report in the Star that YAA Tan Sri Zaki, the Chief Justice, had told 2 errant High Court Judges to voluntarily resign, my initial reaction was one of pleasure. I thought it was good that the CJ has finally cracked the whip and told these useless Judges to leave […]

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Judging the Judges: CJ means business or business as usual?

Chief Justice Tan Sri Zaki Azmi seems to be initiating bold reforms and is raising the bar for our judiciary. According to media reports, he had even asked two High Court Judges to leave for being grossly inefficient. He is sending a clear and unmistakable signal: he means business.

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Malaysian Judiciary website – looking good

The new webportal for the Malaysian Judiciary is a vast improvement on its predecessor. Equipped with the latest Judgments from the higher appellate courts, and links to State Court websites (some of which are still in development), the new website offers a fresh new look to the content that was already there before. But there’s […]

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A Meditation about Portraits Hung On the Walls in the Courts and its Premises Sometimes

Loyarburok strongly believes that it is unhealthy to force lawyers to wait too long for the hearing or mentions simply because it may at some point force them to think, or worse think critically. Encik Fahri Azzat who was recently in the Penang High Court for a winding up hearing was afflicted with both these sorry diseases after approximately 2 1/2 hours of sitting down and listening to other cases being disposed of. You may read the thoughts the wait provoked here.

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Case Commentary: Yusri Mohamad & Anor v Aznan Mohamed v Anor [2002] 4 CLJ 43

Fahri Azzat case comments the High Court decision of Yusri Mohamad & Anor v Aznan Mohamed v Anor [2002] 4 CLJ 43.

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The Court of Appeal’s “Outline of Reasons” in Anwar Ibrahim v PP – A Critique

UPDATED! (With link to Zainur Zakaria v PP) I must apologize for the delay in giving this critique. The Court of Appeal gave its decision on July 2. I received the “Outline of Reasons” from Ngan Siong Hing only last Friday, July 17. Without him supplying me with a copy of the judgment of the […]

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MatTop & Loyar Bagus, who said I won’t reply?

Thank you for all your comments and feedback to my posts. I have been following the threads closely, and in response to the specific query by Loyar Bagus here, this is my response.

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Part 2 – Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry v Nizar: Postscript – Zainun Ali JCA’s judgment

Part 2 – Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry v Nizar: Postscript – Zainun Ali JCA’s judgment

Postscript On Tuesday, July 7, 2009 I posted an article under the above title on the web with various news portals and here. At that time I only had the written judgments of two of the judges Raus Sharif and Ahmad Maarop JJCA. I have just received the third judgment of Zainun Ali JCA. Below […]

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Gobbledegook and regurgitation galore in the 2 written judgments of the Court of Appeal in Zambry v Nizar

Prologue I shall start with an aside on the dictionary definition of the two words which feature in the title of this article. Gobbledegook means unintelligible language. Regurgitate means repeat information without understanding it. Regurgitation is the noun.

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The regurgitation of not administering justice according to law in the written judgment of Nik Hashim FCJ in Jamaluddin & Ors v Sivakumar

Flashback To refresh your memory, I refer to the report in the New Straits Times of Friday, April 10, 2009: PUTRAJAYA: The Federal Court has declared that three assemblymen who quit their parties are still members of the Perak state legislature. This follows an unanimous ruling by a five-men bench yesterday which ruled that the […]

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The gobbledegook of Augustine Paul FCJ in the Federal Court’s decision in Zambry v Sivakumar

Gobbledegook Most, if not all, laymen will find the written judgment of Augustine Paul FCJ – who eventually put in writing the judgment of the unanimous decision of the infamous five – most perplexing. I am not surprised. I find it unintelligible also – in fact, it is what the word “gobbledegook” means in the […]

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Perak Constitutional Crisis: Wake Up and Smell the Carcass

Perak Constitutional Crisis: Wake Up and Smell the Carcass

Encik Amer Hamzah Arshad ruminates on whether a court can stay a declaratory order and considers Zambry’s nudity.

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Do take the trouble to understand before you find fault with the judges of the Court of Appeal

Before you go about judging the judges of the Court of Appeal on their five minute oral decision which they handed down on Friday, May 22, 2009, please bear in mind the wise words of the most liberal of American judges, judge Learned Hand who once wrote – The Spirit of Liberty, p 110: … […]

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