The Malaysian Bar - Past LPs’ and current CJ's records of written judgments

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Past LPs’ and current CJ's records of written judgments

Monday, 22 October 2007 07:25am

KUALA LUMPUR, Sun: Recently a group of lawyers got together to undertake a comparative study into the number of reported judgments written by the current Chief Justice, Tun Ahmad Fairuz bin Dato' Sheikh Abdul Halim and his three predecessors, Tun Salleh Abas, Raja Azlan Shah (as HRH then was) and Tun Mohamed Suffian when they sat at the High Court, Court of Appeal and the apex court. The results are as follows:

Court	Period	No. of years	No. of written judgments/ total no. of cases

Tun Ahmad Fairuz
High Court	1988 - 1995	7	7
Court of Appeal	1995 – 2000	5	35/156
Federal Court	2000 – 2007	7	7/42

Tun Salleh Abas
Apex Court	1979 – 1988	9	107/244

Raja Azlan Shah
High Court	1965 – 1973	7	115
Apex Court	1973 – 1982	9	72

Tun Mohamed Suffian
High Court	1961 – 1973	12	52
Apex Court	1973 – 1982	9	202/382

“Written judgments” in this regard, takes into account only full written judgments which are reported in both the Malayan law Journal (MLJ) and the Current Law Journal (CLJ). It does not take into account unreported judgments, or judgments where a particular judge sat in the panel and only delivered the customary “one-liners” of “I concur” or “I am in agreement with etc etc”. BUT it does take into account if there was a dissenting judgment which would be considered as a full written judgment.

The research team used the technological advances offered by the search engines of the Malayan Law Journal and the Current Law Journal as its basis of comparison and manual scouring of law journals, volume by volume, were made just to ensure that the data collated below is accurate. Whilst, every possible attempt were indeed made and carried out to ensure the accuracy of the figures below, a caveat must be put in place in that, the data below has a small margin of error which must be kept in mind in the event any conclusion is made on the findings of the number of written judgments below.

The above analysis provides a useful comparison for those who believe that the number of written judgments by a judge is a good yardstick to determine the suitability of character, temperament and ability of anyone wanting to assume the nation’s top judicial post.

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Be fair to all CJ
written by Zulqarnain bin Lukman, Monday, October 22 2007 05:05 pm

Why the study is made on Tun Fairuz alone, why not include other CJ like Eusoff Chin and Hamid Omar. This may help the reader to make a fair and objective conclusion rather than being a personal attack against him. It is also of help if the research team can make assessment against the current Chief Judge and President the Court of Appeal so that the public will know how learned they are if they become the future CJ

Zulqarnain bin Lukman

IS PRESENT SITUATION TENABLE?
written by Stephen Tan Ban Cheng, Monday, October 22 2007 06:22 pm

My dear Zul

With respect, as I wrote elsewhere just some time back, we had three good Lord Presidents in Tun Suffian, Raja Azlan Shah and Tun Salleh. Then we appear to have three successors, not necessarily straight successors, who were not so good. (No euphemism is intended in the use of the word straight.)

What has happened to the culture that produced the three named above? That is what most lawyers and I would be more interested in since the restoration of that culture will ensure that future Chief Justices (as Lord Presidents are now called) will continue to be good for the good of the nation and all its peoples.

For the moment, Zul, just ask yourself this question: "How could a High Court Judge who wrote seven judgments in seven years on the Bench be promoted to the Court of Appeal?" And then in the Apex Court during the next 12 years, he wrote 42 judgments. Significantly, as if there is method in such madness, he wrote seven judgments in seven years when he went to the Federal Court.

So did we not know what we were getting when such a Judge was promoted?

And how, staring us in the face is another Judge in the High Court who has spent 12 long years on the Bench without being promoted. So, even for Judges, justice can be elusive, right? I leave you with this question: Do we want such a situation to persist?

Perhaps now, Zul, you know why 2,000 lawyers walked for justice on Sept 26, a September to remember for the rest of their lives. Yes, while we are at it, I know that that song, September to Remember, has far greater significance for a lot many lawyers now. (Very sloppy writing because it is not edited.)

Stephen Tan Ban Cheng

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