Saturday, May 23, 2009

Menteri Besar Perak: Court of Appeal Judges’ Criticized???

The Court of Appeal gave their unanimous decision yesterday. The appeal is allowed. If I’m not mistaken, there was no order as to costs.

I read the notes of decision from here. The writer reserved his caveat for any mistakes. I think it is fairly accurate considering it was written by a lawyer who was present when the decision was made.
Reading the comments prompted me to write the following comment:

Legal interpretation is subjective. There can be more than one interpretation for one circumstance. I'm sure we all can agree on that. I would have expected the laymen not to understand this but when the legally educated community start to attack the Judiciary on a personal basis, instead of a pure legal argument, rest assured that the high times of the Judiciary will never be revived. If officers of the court do not have the right court ethics, who else can the Judiciary depend? Some of you attack the judges as though you know them personally JUST BECAUSE they have a different legal interpretation of the law. Criticizing judgment of the court is always welcomed but I think it is going too far when the judge is attacked on a personal basis.
Apa cerita sesetengah peguam kita di Malaysia ni? Is it fair for them to attack the judges on a personal basis? If you are not happy with the judgment, then by all means, hentam the judgment and explain how they went wrong. There is no need to say (under the cloak of being anonymous) that the judges should end up in Hell for making that decision.
Bunyi macam diorang boleh jadi Hakim yang lagi hebat pada yang sedia ada…

I am sure that even the counsels for the Respondent would not go that far when criticizing the Court of Appeal’s decision.

If you took time to listen to how some good counsels at the appellate court submits, you would notice that even when they are criticizing the Court Below’s judgment, they never fail to mention:

“With due respect to the LEARNED judge, it is our submission that there is a mistake of law/fact…”

RememberOur profession is the only courteous profession who acknowledges our opponent and the judge as LEARNED. But when you start to be unethical in such a noble profession…
Aiyoo… Lu pikirlah sendiri!

Blog adjourned!
(This post is written with the assumption that all of the commentaries here are from lawyers.)

0 obiter dictum: