FC judge with 35 outstanding judgments from High Ct – why PM only aware after more than a month it was reported publicly?

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi said yesterday that the Chief Justice must answer the allegation that a Federal Court judge had failed to write grounds of judgment in 35 cases since his High Court tenure, covering both civil and criminal cases.

DAP National chairman and MP for Bukit Gelugor, Karpal Singh, has named Federal Court judge Datuk Hashim Yusuf in Parliament on Monday as the judge concerned.

The Prime Minister said it was disappointing to discover that there may be judges who had not performed their functions and duties adequately in the pursuit of justice.

The Prime Minister is right — the Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim cannot continue to keep his silence after he had flatly denied that there was any Federal Court judge who had not written as many as 30 grounds of judgment and challenged for proof to be provided.

As such proof have been provided and the Federal Court judge concerned named, Fairuz should publicly apologise for misleading the Malaysian public and explain whether he is heading a competent, responsible, accountable and professional judiciary.

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 35 outstanding civil and criminal cases?

It is also equally disturbing that the Prime Minister has taken more than a month to be aware of the problem of the manifest injustice of a Federal Court judge having more than 30 outstanding grounds of judgment from High Court tenure although it was reported publicly more than a month ago on July 23, raising serious question about the competence and responsibility of the Abdullah’s government.

Would Abdullah continue to pretend that the injustices committed by judges in failing to give prompt grounds of judgments as required by the Code of Ethics for Judges do not exist if Karpal had not brought the matter to Parliament on Monday?

  1. #1 by Godfather on Wednesday, 29 August 2007 - 4:05 pm

    I am surprised that he is aware at all. Maybe the newspaper cuttings have finally reached him.

  2. #2 by ahkok1982 on Wednesday, 29 August 2007 - 4:14 pm

    this is not high priority for sleepy head ma….
    he needs to go through with documents of utmost importance like “lonely planet” to search for nice places to go for holiday next.

  3. #3 by grace on Wednesday, 29 August 2007 - 4:28 pm

    As usual la, the useless ones get promoted sky high and the good ones remain stagnant to do the donky jobs.
    Ahmad Fairuz is just like a CEO of a company who did not know the happenings in the company. He did not know that certain officers are not doing their jobs and still deny that they are not performing.
    I feel Ahmad Fairuz shoul be the first to be kicked out.
    As for the judge , if he really has honor and integrity, he should resign. He must have known by now how much suffering those voctims are suffering in the jail just because of his laziness.
    As for Pak Lah, kindly hedd Bakri Musa’s advice- Retire gracefully with your beauty!!!

  4. #4 by Cinapek on Wednesday, 29 August 2007 - 4:37 pm

    He is still in denial mode. Confirmation of this is his statement made at an awards ceremony on Monday night:

    “Datuk Seri Abdullah said: ‘They seek to paint a dark and bleak picture of Malaysia. A Malaysia that is supposedly inefficient and lacking in integrity. A Malaysia that is supposedly torn at the seams. A Malaysia that is increasingly disunited and in decline.’ ”

    From his point of view, everyone else is wrong. Everything is going great. That is, until the shit has to hit him straight in the face before he wakes up.

    In the STAR today it was reported:

    “Abdullah, who is Umno president, said he had already informed the Chief Justice that he wanted an explanation. ”

    Even though for once he is doing something right, albeit slowly, can AAB(the Executive) “order” the Judiciary to give him an explanation? I thought the Judiciary is independent from the Executive? Even conceding that the CJ is duty bound to give an explanation in tghis case to protect the integrity of the Judiciary in the face of such serious allegations of judiciary incompetence and travesty of justice, shouldn’t Pak Lah just “advice” the CJ to explain since he has no authority to “order” th Judiciary?

    In the light of this, I wonder how many other cases he (and the Executive) has “ordered” the CJ to do their bidding. And what would happen if there is a case where the PM or the Executive has to be tried before the CJ? Would the CJ be ordered around by the Executive on how the trial is to be conducted?

  5. #5 by smeagroo on Wednesday, 29 August 2007 - 4:44 pm

    Tell me one occasion when the PM actually knew something?

    Falling in love again is not part of it.

  6. #6 by wtf2 on Wednesday, 29 August 2007 - 4:53 pm

    he’s got to attend to the goats in his little farm in putrajaya.
    And perfect the art of growing brinjal and kangkong in anticipation of the northern corridor.

    so don’t blame him he’s very busy

  7. #7 by Libra2 on Wednesday, 29 August 2007 - 4:55 pm

    M Bakri Musa has very aptly described him thus: “The man is too incompetent to be even aware of his own incompetence.”

    This PM is a complete and total washout.

  8. #8 by Jeffrey on Wednesday, 29 August 2007 - 5:15 pm

    “A Federal Court judge had failed to write grounds of judgment in 35 cases since his High Court tenure”?

    The pertinent question is how long since High Court tenure till now in Federal Court to write judgments?

    Obviously 5 months is different from (say) 5 years. A 5-year delay, for example, raises serious questions as to whether the judge could remember all the details of a case accurately after such a long time to now write it in the manner satisfactory to the service of justice.

    There is yet another question relating to the real reason for the delay: what if, other than backlog, the reason for the delay is that the judge, though finding ease in just pronouncing (orally) a verdict of liable/guilty or not liable/guilty at the conclusion of hearing is not of the type who can sit down and articulate and write his rationale and thoughts on facts and law to explain why he decided the way he did.

    If one pushes him to do now – to clear the backlog – isn’t he not going to just write something, no matter how poor in reasoning or lacking in grasp of law just to relieve the pressure from political or public demand? What is the use of a judgment that has no quality but just out of expedience to diffuse public controversy? Will the ends of justice be served?

    Might as well he does not write it, but then again, if he does not do so, how could any other judge, who has not had the benefit of hearing the case first hand, write on his behalf?

    Should there be a re-trial of the 35 cases before any other judge because any other alternative seem an effrontery to justice?

    Former attorney-general and current Human Rights Commission chairman Tan Sri Abu Talib Othman said that even former lord president Tun Hamid Omar had said any delay, if found to be unreasonable, could lead to the judge’s removal under Article 125 of the Federal Constitution.

    So the other question invariably arises is whether, based on the principle of the buck ends at the head, should the head of judiciary then be now made vicariously responsible to answer for the misfeasance and lache of his subordinate judge who has been guilty of misconduct in the sense of not giving written judgments for so long? :)

  9. #9 by liu on Wednesday, 29 August 2007 - 5:25 pm

    The FC Judge with 35 outstanding judgments – is he the same Judge who has been rejected as CJ Malaya by the Conderence of Rulers? Somebody tell me please

  10. #10 by wtf2 on Wednesday, 29 August 2007 - 6:16 pm

    poorly written judgements basically open the avenues for appeal. If the defendants are smart, they will get off with murder.

    And all because of the lazy, lackadaisical, tak apa attitude of the judge.

  11. #11 by Educator on Wednesday, 29 August 2007 - 8:33 pm

    He needs tuition.

  12. #12 by sheriff singh on Wednesday, 29 August 2007 - 8:54 pm

    Hey there’s a Chief Judge of Malaya and President of the Court of Appeal.

    August 29, 2007 20:25 PM

    Abdul Hamid Is Court Of Appeal President, Alauddin, Chief Judge Of Malaya :

    KUALA LUMPUR, Aug 29 (Bernama) — Federal Court judges Datuk Abdul Hamid Mohamad and Datuk Alauddin Mohd Sheriff have been appointed Court of Appeal President and Chief Judge of Malaya respectively.

    Prime Minister Datuk Seri Abdullah Ahmad Badawi, in making the announcement Wednesday, said that the appointments would take effect at a date to be fixed after consultation between the Federal Court and Istana Negara.

    The appointments had received the consent of Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin on the advice of the prime minister after consulting the Conference of Rulers.

    The post of Court of Appeal President fell vacant following the death of Tan Sri Abdul Malek Ahmad of brain tumour on May 31.

    Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim had been acting Chief Judge of Malaya since the retirement of Tan Sri Siti Norma Yaakob on Jan 5.

    Abdullah said in a statement that the appointments were made under Clause (1) of Article 122B of the Federal Constitution.

    — MORE

    But who will take over the Chief Justice position when Fairuz retires?

  13. #13 by ihavesomethingtosay on Wednesday, 29 August 2007 - 9:52 pm

    he’s still on honeymoon mode, this guy damn slow one

  14. #14 by cabby mabok on Wednesday, 29 August 2007 - 11:18 pm

    He is attending to his Jane, the herb garden and also prepare for his two goat in his kampung who just gave birth to his 10 grand goat children.

  15. #15 by badak on Thursday, 30 August 2007 - 12:29 am

    BOSS.. semua O.K .. All this people don,t know what they are talking about,35 outstanding judgements ..Where got ,just forget about it ,tomorrow another murder ,wish got beautiful model or another big time scandle they sure forget about me . ITS been proven all the time ..BOOSS just close one eye lah

  16. #16 by Justicewanted on Thursday, 30 August 2007 - 1:13 am

    The PM is a real disgrace. Important matters, do not care. Trivial matter like stolen goats, goats with 10 billy kids and wife’s gardening can remember.

    I bet he can even remember the date of birth and all the names of his goats.

  17. #17 by cabby mabok on Thursday, 30 August 2007 - 5:04 am

    If I have to us analogy of a race horse I would say AAB is a sick horse (Kuda Malas) that is unfit to race. He forgot that the people are the owner of the horse and the horse have to win race for the owner but instead he thinks the other way round.

  18. #18 by lupus on Thursday, 30 August 2007 - 10:40 am

    I suppose this shows that any tom, dick and harry can be come a judge…where do I sign up ????? I can also write “semua ok boss” in my judgment……

  19. #19 by ENDANGERED HORNBILL on Thursday, 30 August 2007 - 11:07 am

    Fairuz should just resign.

    His resignation would be a plus for the Malaysian judiciary.

  20. #20 by wtf2 on Thursday, 30 August 2007 - 7:41 pm

    By his statements he’s proven that he lacks integrity and in contempt of his position.
    For such a person to continue holding a key post in the judiciary is an affront to the justice system and to all who “swear to tell the truth and nothing but the truth”

  21. #21 by AhPek on Friday, 31 August 2007 - 2:18 pm

    “Fairuz should just resign.” ENDANGERED HORNBILL.
    That’s what you think.Like hell he will for he thinks that this judiciary is his own company much like everyone in BN. Try ask Sleepy Head to resign or Semi Value or Chan Kong Choy for that matter.All of them are treating the posts belonging to their own company.
    So fat hopes,ENDANGERED HORNBILL.You might as well ask the sun to rise in the west and set in the east, you might stand a better chance of success.

  22. #22 by House Victim on Sunday, 2 September 2007 - 4:43 am

    There are a great number of rules in the Rules of High Court that are time related where some can even nullify the Rights of further proceeding so as not to hammer “justice” to parties involved as well as the Court itself. And, some can even stand for a ‘Strike out” of the claim or defense.

    So, TIME is an Essence for Justice!

    With so many cases being dragged for years in many courts, this essential elements had already gone for those cases. So, justice had been miscarriage in many courts and it cannot be done by the Judge alone if those solicitors had not alert the judge accordingly or vice versa. So, abuse of justice exists not only by a single Judge but a common phenomenon in many courts with contribution from the Judges and the solicitors. Otherwise, how can a simple suit under case management be without even the first Suggested Statement of Fact and Issues from the Plaintiff after more than two years?

    The STRAIGHTEN UP is not only on the Judge but on the overall Legal system!!

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