Federal Ct judge with 33 outstanding judgments – will CJ Fairuz now pick up the gauntlet?

On Tuesday, Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim flatly denied that there was any Federal Court judge who had not written as many as 30 grounds of judgment.

He said: “According to our records, we do not have such a thing. There is no Federal Court judge who has such a big amount of grounds of decisions to write”.

Today, New Straits Times front page carried a report “UNWRITTEN JUDGEMENTS: Former High Court judge yet to submit in 33 cases” by its reporter V. Anbalagan that Court of Appeal registry’s records revealed that a former High Court judge (who is now a Federal Court judge) did not write grounds of judgment in 33 criminal and civil cases.

The backlog included three criminal cases in Seremban which carried the death penalty.

The judge presided over the cases while serving at the High Court there five years ago.

The rest are civil cases in which he made rulings while there and in Kuala Lumpur between 1999 and 2002.

Anbalagan, who had filed the original NST report on July 23 revealing the judge had not provided written grounds of judgment in at least 30 criminal and civil cases, wrote:

“It is understood that the litigants in all 33 cases had filed notices of appeal against decisions by the judge who is now sitting in the Federal Court.

“Checks with lawyers representing the accused in the three criminal cases revealed that they were still awaiting written grounds to file the memorandum of appeal to the Court of Appeal.

“In one case, the Attorney-General’s Chambers is also awaiting the written judgment as it intends to cross appeal.”

The report also said:

“On Aug 16, it was reported that two men were languishing on Death Row in Kajang prison because the judge who convicted them at the High Court in Seremban had not provided grounds of judgment.

“Another person was also ordered by the same judge to be held at the Sungai Buloh prison at the pleasure of the Yang di-Pertuan Besar of Negri Sembilan on grounds of insanity.”

As the Chief Justice had denied that there is a Federal Court judge with over 30 outstanding grounds of judgment, will Fairuz now pick up the gauntlet and take action against the Federal Court Judge who has 33 outstanding judgments involving both criminal and civil cases as well as publicly apologise for misleading the Malaysian public that he had been able to head a competent and professional judiciary?

What is most shocking is that Fairuz could seriously propose the Federal Court judge concerned as the Chief Judge of Malaya, precipitating an unprecedented seven-month constitutional crisis with the Conference of Rulers, leaving the vacancy unfilled.

Will Fairuz take out the Federal Court judge concerned from all current Federal Court cases until he had written up all the grounds of judgments of 33 outstanding civil and criminal cases before announcing the suitable form of disciplinary action that should be meted out for such judicial misconduct?

  1. #1 by Godfather on Thursday, 23 August 2007 - 5:17 pm

    Mediocrity begets mediocrity.

    He should have learnt from his Boss to say “Saya tak tahu” instead of being contradicted in public by a mainstream newspaper.

  2. #2 by Godfather on Thursday, 23 August 2007 - 5:22 pm

    Another senior public servant with no shame, no credibility and who clings on to his job by virtue of his compliance with the ruling party.

  3. #3 by k1980 on Thursday, 23 August 2007 - 5:31 pm

    Oh hell, no! Yet another bum who failed statistics in university and so cannot count up to 33! Made his father drop his water face!

  4. #4 by shortie kiasu on Thursday, 23 August 2007 - 5:32 pm

    C.J. has made himself a laughing stock to the world, if the report in NST is true, there could be more such unwritten ground of judgment by High Court Judges or the Court of Appeal Judges.

    The Judiciary has taken a rough beating with such revelation of mediocrity and below performance so rampant.

    Who is responsible? What is the remedy? What is the way forward for the judiciary? God knows.

  5. #5 by joando on Thursday, 23 August 2007 - 5:37 pm

    If he does not uphold to the sanctity of the Law any longer, he may as well call it a day. By that, he is doing justice. He cannot be a CJ of which Law he has already doubted.

  6. #6 by Cinapek on Thursday, 23 August 2007 - 5:55 pm

    I am flabbergasted!!!

    The CJ , who should have access to all the details and records says in public that there are no judges with outstanding written judgements.

    Yet, a mere (sorry no insult meant but on a comparative basis) NST reporter could dig up such a huge amount of facts to contradict the CJ.

    Either the reporter’s facts are all wrong and the CJ should discredit the article with facts and figures or, the news article is right and the CJ is not doing a proper job of checking or, worse still, trying to do a cover up – both of which is not doiing him (CJ) any favours.

    Whatever it is, it is incumbent upon the CJ to clear this matter for the sake of the dignity of the office he occupies. The Judiciary definitely needs some image improvement desperately.

  7. #7 by Godfather on Thursday, 23 August 2007 - 5:59 pm

    The rot in the judiciary can be traced back to Mahathir’s tenure. He sacked Salleh Abbas and promoted those who would do his bidding. How else could Mahathir have put Anwar in jail ?

    TDM, if you are reading this, how do you propose to make amends for something as drastic as this ? A noble statesman would have gone all out to ensure the independence of the judiciary for future generations. Instead, you did the reverse for your own selfish political ends, and the country now has to suffer for it. Worse, your successor does not have any intellectual capacity to do the right thing, and all that UMNO wants is short-term gains from a compliant judiciary. It will all end in tears, but you will probably not live long enough to see the country fall apart.

  8. #8 by sheriff singh on Thursday, 23 August 2007 - 6:23 pm

    Gawd! The Chief “Justice” as head of the judiciary does not know what is going on under him. He needs some journalist from the outside to tell him?

    Or is he now going to dispute the jouno’s figures and say its under the Official Secrets Act?

    How many grounds has the CJ himself have outstanding before he leaves office?

    Why does the embattled CJ NOT inspire any confidence in himself and of his Court?

    Why is our judiciary now the subject of ridicule, scorn and contempt by the populace?

    Why can’t you find justice in his “Palace”?

    Why does the CJ continue to have to hold the top 3 positions? Is there no one else qualified ? Is he getting 3 pay checks?

    Is he waiting for his contract be extended as is the norm now?

    Is he waiting for instructions from the PM?

  9. #9 by Jong on Thursday, 23 August 2007 - 6:29 pm

    Yes, Mahathir is the root cause of the rot yet he is blaming his successor AAB for all the failures and mess he left behind.

    He’s so thick-skinned and impervious to criticism.
    He should have been charged for dereliction of duty but AAB is not ‘jantan’ enough to do it.

    How long are we going to tolerate this? Time for regime change!

  10. #10 by dawsheng on Thursday, 23 August 2007 - 6:51 pm

    Expose the judge, wee need to know!

  11. #11 by pwcheng on Thursday, 23 August 2007 - 7:39 pm

    Since the sacking of Salleh Abbas, the last bastion of justice is questionable. Simultaneously the Legislative,Judiciary and Executive of our government system is in absolute disarray, no thanks to TDM and continues to rot under our sleeping beauty.

  12. #12 by digard on Thursday, 23 August 2007 - 8:22 pm

    Do not worry!
    Pak Lah will as always look into this. After having taken sufficient time to having looked into the matter, he will take the proper decision and announce it to the public.
    So, do not worry!

  13. #13 by wtf2 on Thursday, 23 August 2007 - 9:25 pm

    anybody knows what credentials this fairuz possess>?

  14. #14 by mendela on Thursday, 23 August 2007 - 9:51 pm

    Blogger Zul Kera from MT wrote //That particular is no other than Dato Hashim,The Federal court Judge.Recently his name was submited to Pak Lah and Ruler for the appointment as Chief Justice.What a joke Tun Fairuz.Are you still rec. instruction from Yusuff Chin.
    Dato Hashim is a fun loving person and he is the only judge who smoke Cohibar Cigar.You can always find him in The Vegas in Jalan Imbi.

    Now he is driving a porche car given by a lawyer who won his case with the help of Dato Hashim.//

    Is this true???

  15. #15 by mendela on Thursday, 23 August 2007 - 9:52 pm

    MT blogger Zul Kera wrote // That particular is no other than Dato Hashim,The Federal court Judge.Recently his name was submited to Pak Lah and Ruler for the appointment as Chief Justice.What a joke Tun Fairuz.Are you still rec. instruction from Yusuff Chin.
    Dato Hashim is a fun loving person and he is the only judge who smoke Cohibar Cigar.You can always find him in The Vegas in Jalan Imbi.

    Now he is driving a porche car given by a lawyer who won his case with the help of Dato Hashim.//

    Is this true? Wow!

  16. #16 by dawsheng on Thursday, 23 August 2007 - 9:58 pm

    Islamic law? Islamic state? what for? Is there any meaning if one day when we achieved total Islamicalamity all those in muslim in power are corrupt? This is an insult to God Fairuz better repent or else he’ll burn in hell!

  17. #17 by undergrad2 on Thursday, 23 August 2007 - 10:08 pm

    He cannot bend down to pick up any gauntlet. We don’t do that anymore. This is not the time of Sir Lancelot!

  18. #18 by dawsheng on Thursday, 23 August 2007 - 10:08 pm

    Yeah! Even the opposition can do very little saving Malaysia from destruction. The power of the darkside is growing too strong in Malaysia, fear my friend, is overcoming the dream of freeing Malaysia from the evil. Come the moment, many ballz will disappear!!!

  19. #19 by silhouette on Thursday, 23 August 2007 - 10:08 pm

    Under the present administration nobody is working. All they are doing is lobbying for promotion from the sleepy PM who doesnt seemto know about anything and is awaiting reports on everything to enlighten him.

  20. #20 by dawsheng on Thursday, 23 August 2007 - 10:32 pm

    Mahathir said he failed to change the mentality of Malay and cure their dillemmas, what a bull load of shit!!! Of course he failed, there is no question about that. What he should be anwserable for is why the leaders have become worst? And you know what?He got the cheek to ctitisize Abdullah, may be he forgotten, because of their dillemmas Mahathir made them special and above the rest, give them everything the best, even if it mean impossible it is ok, Mahathir made it possible for them, and so, the possibilties are endless. You know when you talk about possibility anything is possible even if it mean it is not possible, that’s how the farce “Malaysia Boleh” came about! So from there it developed, today, anything is possible. Are we doom??? Possible, boleh!

  21. #21 by treat_fairly on Thursday, 23 August 2007 - 10:38 pm

    If CJ doesnt take action on this issue.
    It will just making people lossing trust on Malaysia’s law.
    Not only the nation but also foreign investors.

  22. #22 by ENDANGERED HORNBILL on Thursday, 23 August 2007 - 10:53 pm

    In Malaysia, the CJ need not be the best ….oh, no, not even a sharp legal mind; he only needs to have the right skin colour!

    Thereafter, everything else speaks for itself: ‘whirl-class’!

  23. #23 by akarmalaysian on Friday, 24 August 2007 - 1:38 am

    heyyyyy….anybody’s seen stephen chow’s “JUSTICE..MY FOOT!” ?

  24. #24 by sheriff singh on Friday, 24 August 2007 - 2:47 am

    Can the 33 aggrieved parties sue this Judge? Give him hell!!

  25. #25 by lakshy on Friday, 24 August 2007 - 7:18 am

    Thank God for our Ruler’s Council! Daulat Tuanku!

    It would appear that the Ruler’s Council are more informed about the Judges than the Chief Judge himself!

    If the Chief judge intended to mislead the public with his statements, he is not fit to serve as Chief Judge, and he should go! In his own words, Judges who misbehave in public (misleading the public is sure to count as misbehaviour) can be impeached! This is from a person who should be above reproach and who should uphold the law, A basic tenet of that is upholding the truth!

    Lets have him removed!

  26. #26 by sotong on Friday, 24 August 2007 - 7:31 am

    Most senior positions in government are political appointment with priority to serve the ruling party, other matters like competency, capability and ability to apply the law and be fair using common sense(Common Law) are secondary.

    One could not even run the present workable legal systems properly, other countries with similar legal systems do not have significant problems, but one has intention to abolish it……..is there a hidden agenda to make the present legal systems look bad???

    The people responsible for the legal systems are the problem, not the legal systems! If the legal systems cannot be fair, effective and efficient…….there are plenty of room for gross injustice.

  27. #27 by sotong on Friday, 24 August 2007 - 7:43 am

    The previous PM thought he knows all about Malays, a very complex and divided grouping in politics, until he realised what some of them, with hidden agenda, are capable of doing to the country and her ordinary people.

    He used them and they used him to achieve their narrow, shallow and damaging political agenda with enormous permanent and far reaching consequences to the country and her ordinary people.

  28. #28 by bystander on Friday, 24 August 2007 - 9:01 am

    What does one expect when the selection of judges is not based on meritocracy. Even the judiciary in Pakistan has more honour and balls than ours. Looking back at some of the decisions if at all they are written, I am not surprised that some of them have been paid off. Otherwise, how else would they arrived at such decisions.

  29. #29 by bystander on Friday, 24 August 2007 - 9:05 am

    Somebody should be brave enough to tell Dr M that what is happening now in this country is his legacy after 22 years.

  30. #30 by grace on Friday, 24 August 2007 - 9:47 am

    This is the culture of the power that be: DENIAL of the TRUTH.
    Pak Lah denied his impending marriage.Maybe the CJ takes the cue from him.
    Already the lawyers defending have come out saying that they have not received the written judgement and yetthe CJ denied it! stupid! CJ, when witnesses take the stand, they are under oath to tell the truth and nothing but the truth. And you , here dening the obvious.

    My question to Pak Lah is this: Pak Lah, you have the power to effect the appointment. Why can’t you choose an appropriate one to the Chief Justice of Malaya to the satisfaction of the rulers?
    Remember that the rulers have the rakyat at heart and they are fair. Their rejection of the previous choice is without prejudice.

  31. #31 by ENDANGERED HORNBILL on Friday, 24 August 2007 - 9:52 am

    It takes idiots to create controversies out of nothing.

    “Honesty, integrity and transparency” – the BEST POLICY.

    Then there will never be a need to tell more and greater lies to cover up idiotic lies.

  32. #32 by Jimm on Friday, 24 August 2007 - 9:52 am

    TDM have never been doing things for the benefit of this country unless it benefitting his own interest first. He was blinded by the ever revenue of return in each projects as a form of incentives for his approval and future retirement. His claimed vision are merely the blanket of timeframe to achieve the developed country status when he opted for the financial assistance from World Bank and other block investors.
    His team of management team have create a self funding opportunity in the pretext of executing projects and trading directives.
    The NEP program that badly exploited by them and cut throat their own kind. The idea to create a network of influenced group from the head of all government bodies to channel funds here and there which many have ended up nowhere to be ‘found’.
    So many of them became rich and powerful until most of them are already above this country laws.
    They have gone to worst than before in their wealthiness that they were caught in the lifesytle of ‘living beyond the means’.
    Their children have forgotten their own roots and culture.
    Some of their children get involved in illegal activities such as drugs, smuggling, bogus acts, middleman, vice and gambling.
    It’s not a moral practices in their religion at all.

  33. #33 by Jimm on Friday, 24 August 2007 - 10:11 am

    Aboce all these, we can stil lfind most of them claimed that they are fighting for their own kind rights against fellow Malaysian that are more advance than them. Their remarks over others major races in this country are formerly ‘immigrants’ and will conquer this country if they are not given the full mandate to run this country.
    They keep having two school of thoughts in upbring their younger generations.
    They are wrapping in silence such of many these fears to their own kind just to behold as the right leaders for this country.
    They always make sure the national unity can never happen with many efforts carried out to create unrest in religion matters.
    All these in all these is because they knew the huge amount of wealth that the ycan reap from this country are worth the amount of lies they have to put forward to all Malaysian.
    Like it or not, we all have to pay that one big amount of price for these and in the name of the country Malaysia.
    Now, as human being, these actions retracted reactions.
    What goes around, comes around ..
    Most of us can only be spectators in this high profile game.
    A game that we all were kept away from since then.
    We all are licking our wounds now without realising when did we ever get that injury from, in the first place.

  34. #34 by sotong on Friday, 24 August 2007 - 10:58 am

    The previous PM is a political animal……always will be!

    He could change his position to support the PM and work with him, if his interests are affected by the absolute truth of the 22 years of bad leadership and governance of the country.

    The ordinary people are always dispensable…..survival at all costs!

  35. #35 by malaysia born on Friday, 24 August 2007 - 12:41 pm

    These jokers have gone too far. Plundering the wealth of the country is not enough for them. It is the turn to rape the country Constitution.

    This is not the time for any 50th or 44th celebration. It is time for a revolution!

  36. #36 by BioLovepulse on Friday, 24 August 2007 - 12:47 pm

    Who says the judiciary is protected from encroachment of politics? What a bunch of bullshit!

    Where is the creditability of our judiciary? This year we have so many things that shouldn’t be happening.

    We are lying to our children through our textbooks!

  37. #37 by B737 on Friday, 24 August 2007 - 8:24 pm

    A Tribunal should be set up to remove the current CJ. Another dead-wood on the job.

    Malaysia boasts of having the world’s largest Court Complexes, perhaps the Guiness Book of Records should be roped in to recognise us of having world’s most delayed and postponed court cases!

    What 50 years of Merdeka?

    Just don’t bring further shame to us!

  38. #38 by ENDANGERED HORNBILL on Saturday, 25 August 2007 - 12:09 am

    sotong Says:

    August 24th, 2007 at 10: 58.10
    The previous PM is a political animal……always will be!

    When Tun M passes away in the not-too-distant future, he will be a man full of remorse and sadness as the realisation sinks in that he didn’t make Malaysia great. Contrary to all the hype that he is the ‘Father of Development’, everything is coming apart at the seams – Perwaja, Proton, Cyberjaya, Putrajaya, the Judicary, the Police etc. etc. He left behind a nation weak, sick and ailing in every joint.

    Tun M could have made a great PM and statesman but he never caught the wave at its crest….and now all the water has swept back to sea and it’s too late…too late for him to affect the destiny of a spent nation.

    Tun M will be best remembered as the most promising but delivered virtually nothing. Sigh. Poor Tun.

  39. #39 by undergrad2 on Saturday, 25 August 2007 - 6:45 am

    “The previous PM is a political animal……always will be!” Sotong

    This PM is an animal that is apolitical.

  40. #40 by undergrad2 on Saturday, 25 August 2007 - 6:56 am

    “Tun M could have made a great PM and statesman but he never caught the wave at its crest….” HORNBILL

    I know something about the man.

    Mahathir will go down in history as a crafty politician who made Malaysians eat out of his hands.

    He is the greatest opportunist to ever walk the India St., the China St. and the Malay-Arab St. He was the best surfer to ever surf the wave of Malay nationalism and tapped into Islamic fundamentalism at a time when the latter threatened to swamp everything that stood in its way. He is the modern day Moses who divided the sea and convinced his followers that it was safe to walk – when it wasn’t. He is the modern Pied Piper who hypnotized everybody with his flute – which was Made in Japan.

    What more can I say??

  41. #41 by wtf2 on Saturday, 25 August 2007 - 10:17 am

    TDM was relatively a performer. Good speaker too. Did his best to put Malaysia on the world’s map. Granted he made many mistakes but personally i think he tried to improve things perhaps not totally the right way. And the under the table stuffs during his time remains undertable and ( hopefuilly ) controllable.

    Bodowi is another story. Sees this job as a semi retiree job. Acts as a puppet.
    While TDM tries to put KL on the map, this sleeping dolt is trying to convince the world Malaysians still live in the treetops.
    Speak he cannot, sleep he can.
    A total non-performer. The public need not even pay attention to his speeches. If they have had, they can switch off everytime this non-performer comes on air. His proposals are never substantiated nor carry out.

    There’s a saying that goes when the is away
    the monkeys come out to play. Well the monkeys are indeed all over the place now!

    If there’s any such possibility of putting in a no-confidence vote against him the opposition should consider….

  42. #42 by AnakTiriMalaysia on Saturday, 25 August 2007 - 8:06 pm

    Tun M WAS CUNNING TOO.. Remember how UMNO captured Sabah?

    TUN MAHATHIR promised that the Chinese can be a chief minister too….. the post rotated among Muslim bumi, non-muslim Bumi and Chinese every 2 years…

    Just after 2 rounds completed, and the UMNO grip grown strong in SAbah, he stop the rotation system…. MISSION ACCOMPLISHED…..

    thanks to power hungry YONG TECK LEE and other leaders for betraying PBS

    and he knew the old trick -‘DIVIDE AND RULE’ still works

  43. #43 by Jeffrey on Sunday, 26 August 2007 - 3:02 am

    Malaysian history will, many years from now when objectivity were possible, judge him unfavourably, on balance. The prologue to such history would depict him as an eruption of tremendous energy into the political stage, with a dominating will to ascend the pinnacle of power, and thereafter brooked no opposition from any quarters, shattered all existing standards and institutions, if it needs be, to expand, consolidate maintain it, of which he had been deviously successful by reason of having the uncanny ability to identify, tap and exploit the impulses, insecurities and anxieties of a particular majority community at the expense of the others and making himself an embodiment – and champion representing the same. Whilst he had brought some benefits to his people by economic and infrastructure development, they are overshadowed by the deep and permanent racial and religious divisions the man had left behind as legacy that will haunt the nation like a spectre for a next 1000 years. He is also identified particularly with the quality of excess including great inconsistencies – for example whilst he had been despotic when his grip on power was perceived slipping, he had no qualms, after retirement, to turn against the existing leadership and anointed successor when things didn’t go his way, and by the same method of divide and rule, venture forth to proclaim a distinction between love of his political party and disillusionment with its leadership at the same time, claiming solidarity with the very people – for example cyber bloggers and online bulletins – whom he had no patience for when in power – against the latter, recasting at the same time a legacy of dictatorship with a new appearance of championing civil liberties. All these he could do because of supercilious condescension that the majority of his countrymen who have neither the intellect nor the perspicacity to see through the machiavellian pretences that have so far shielded him from true accounting of his mistakes and misdeeds.

  44. #44 by sotong on Sunday, 26 August 2007 - 9:13 am

    If the previous PM had done a good job in this 22 years of administration, the change to Pak Lah would just be a formality to improve and strenghten on past achievements with his own policies and ” dreams “.

    Look at S’pore, LKY laid a very strong foundation for the country with strong fundamentals in almost all areas of the government administration….change of leadership was merely a formality and the new leader do not have to inherit a messy and heavy baggages from the previous administration to move forward.

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