SUICIDE THREAT: Pathmanabhan 'warned farm hands of impending arrest' in a meeting
The High Court yesterday heard that lawyer N. Pathmanabhan had told his three farm hands to "act innocent" and not to reveal what he claimed had happened the night of the alleged murders to the police or he would hang himself.
R. Kathavarayan said Pathmanabhan had met him and two other accused, T. Thilaiyalagan and R. Matan, and had told them that the police would arrest them soon.
He said they met up and had discussed the alleged murders on Sept 4, 2010, five days before they were arrested.
KUALA LUMPUR: A policeman told the High Court here he saw a former constable beating suspected car thief A. Kugan but did not record it in the station diary.
Mohd Haizan Hamid, 30, admitted that he made a mistake in not recording the alleged incident but told the court he had no intention of covering up the matter.
The incident allegedly took place at the Taipan police station in Subang Jaya on Jan 16, 2009.
“I did not record it in the station diary as Kugan told me he was in good condition when I asked him (about the alleged assault),” said Mohd Haizan, who is currently attached with the escort branch of Kajang magistrate’s court.
KUALA LUMPUR: The High Court has rejected an application by Berjaya Books Sdn Bhd to call Home Minister Datuk Hishammuddin Hussein for cross-examination in its judicial review application to challenge the seizure of Irshad Manji’s book by the Federal Territory Islamic Religious Department (Jawi).
High Court (Appellate and Special Powers) judge Justice Zaleha Yusof also dismissed the application to cross-examine Prime Minister’s Department’s Datuk Seri Jamil Khir Baharom and his deputy Datuk Dr Mashitah Ibrahim, saying that all their affidavits were sufficient.
Berjaya Books, which owns Borders bookstore, had applied to cross-examine them as there were apparently conflicting statements in their affidavits.
KUALA LUMPUR: A tribunal to address strata management disputes such as the failure to pay management fees in an apartment complex is being set up, said Housing and Local Government Minister Datuk Seri Chor Chee Heung.
This was to enable the tribunal to be up and running once the Strata Management Act 2012 came into force later this year, said Chor, adding that the Act was expected to be enforced between the middle and third quarter of the year.
“The tribunal will ease the burden of building managers in handling disputes, including cases of apartment unit owners failing to pay management fees and issues on the election of committee members.
“With this tribunal, such disputes need not be taken to court and can be resolved with minimal costs. Complainants can just file a case with the tribunal,” he said after launching the Property Management Time Bomb Seminar “Strata Management – More Solutions or Problems” here yesterday.
KUALA LUMPUR: Behind a corrupt judge, there is usually a lawyer.
“I agree, it is likely; not always, but likely,” said Malaysian Bar president Lim Chee Wee.
He said this when asked whether it would be true to say there were lawyers behind corrupt judges.
He said the Bar Council was going to take action against a lawyer allegedly involved in bribing a Court of Appeal judge who has since retired.
He added that they would also be able to take disciplinary action against such a judge, if he or she was now practising as a lawyer.
At the Opening of the Legal Year on Jan 12, Chief Justice Tun Arifin Zakaria had asked lawyers and the public “to restrain from corrupting” the judiciary, stressing that both the giver and taker were equally guilty.
KUALA LUMPUR: The Prime Minister has suggested six names for the four positions of eminent persons in the Judicial Appointments Commission (JAC).
Sources said they are former Federal Court judges Tan Sri Abdul Aziz Mohamad and Datuk Seri Sulong Matjeraie (who clocked out on Friday), Malaysian Anti-Corruption Commission Advisory Board chairman Puan Sri Zaitun Zawiyah Puteh, former Court of Appeal judges Datuk T. Selventhiranathan and Datuk Tee Ah Sing, and Suhakam vice-chairman Datuk Dr Khaw Lake Tee.
Under Section 5 of the JAC Act, the Prime Minister is to appoint four eminent persons who are not members of the executive or other public service after consulting the relevant bodies, including the Bar Council, Sabah Law Association, Advocates Association of Sarawak and the Attorney-General.
The current four, who were appointed in 2009, are former Chief Justice Tun Abdul Hamid Mohamad, former Attorney-General Tan Sri Ainum Mohd Saaid, former High Court judge Tan Sri L.C. Vohrah and former Chief Judge of Sabah and Sarawak Tan Sri Steve Shim.
KUALA LUMPUR: Both the Malaysian Anti-Corruption Commission (MACC) and Chief Justice Tun Arifin Zakaria must quickly investigate any allegation of corruption against sitting judges, said a former Attorney-General.
“An allegation of corruption against a sitting judge, if serious, undermines the institution of the judiciary,” said Tan Sri Abu Talib Othman.
“They must act quickly – clear the sitting judge or take action against him or her. There’s no point if the Bar Council lodges a complaint about two High Court judges to the MACC and nothing happens.
“The Chief Justice must be proactive,” said Abu Talib, adding that Article 125 of the Federal Constitution empowered the CJ to take action.
He was commenting on the council’s recent complaints to the MACC of graft in the legal system and Arifin’s strongly worded speeches during the opening of the Legal Year on Jan 12 against corruption in the judiciary.
Press Release: Meeting with MACC Chief Commissioner on Corruption in the Legal System
Posted by Web Administrator
Friday, 18 January 2013 06:16pm
In my capacity as President of the Malaysian Bar, I had a productive and frank meeting yesterday afternoon with the Malaysian Anti-Corruption Commission (“MACC”)’s Chief Commissioner, Dato’ Sri Hj Abu Kassim Mohamed, regarding the allegations of corruption against a retired Court of Appeal Judge and other potential cases involving others in the legal system.
The relevant documents for two cases were provided to the Chief Commissioner for MACC’s investigations, and the Chief Commissioner assured the Bar that corruption in the legal system will be investigated vigorously by MACC. I am optimistic and confident that the MACC will use all resources to investigate and, if the evidence meets the requisite threshold, prosecution will follow suit. I appreciate that MACC cannot act hastily and, in leaving no stone unturned, will require time to investigate. Further, due to the sensitivity of, and potential prejudice to, the investigation, neither MACC nor Bar Council will be able to disclose details of potential corruption cases.
Over and above this, we also discussed other potential cases in the legal system, and what Bar Council and MACC, with the involvement of the Chief Justice, should and must do to eradicate corruption — both the allegations and perception of it in our legal system. What I can disclose to the media is that the Bar Council will reveal to the Chief Justice and MACC any serious hints of corruption and any evidence that it becomes aware of, and will offer all assistance to them to ensure that our final arbiters of justice are not influenced by, nor interfered with through, money, favours or intimidation.
Speech by Lim Chee Wee, President, Malaysian Bar at the Opening of the Legal Year 2013 (Palace of Justice, Putrajaya, 12 Jan 2013)
Posted by Web Administrator
Saturday, 12 January 2013 10:51am
This item has been updated since initial publication.
Yang Amat Arif Tun Arifin Zakaria, Ketua Hakim Negara;
Yang Amat Arif Tan Sri Dato’ Seri Md Raus Sharif, Presiden Mahkamah Rayuan;
Yang Amat Arif Tan Sri Dato’ Seri Zulkefli Ahmad Makinudin, Hakim Besar Malaya;
Yang Amat Arif Tan Sri Datuk Seri Panglima Richard Malanjum, Hakim Besar Sabah dan Sarawak;
Hakim-hakim dan Pesuruhjaya-Pesuruhjaya Kehakiman; dan
Peguam Negara Malaysia.
Yang Amat Arif, saya dengan rendah diri memohon izin meneruskan ucapan saya dalam Bahasa Inggeris.
Ambassadors and High Commissioners;
And, I would like to take this opportunity to acknowledge the presence of our foreign guests:
Justice Chao Hick Tin, Judge of Appeal, Singapore;
Associate Justice Robert J Torres, Supreme Court of Guam;
Ms Malathi Das, President, Law Association for Asia and the Pacific (LAWASIA);
Mr Lok Vi Ming, President, Law Society of Singapore;
Mr Joseph Catanzariti, President, Law Council of Australia;
Mr Stephen Hung, Vice President, Law Society of Hong Kong; and
Puan Sharifah Safinatul Najah bte Mali Hj Abdul, Treasurer, Brunei Law Society.
My Lords and My Ladies,
I am privileged to speak not only for the Malaysian Bar but also on behalf of the Advocates’ Association of Sarawak and the Sabah Law Association, who are represented here today by the presence of their respective Presidents, Khairil Azmi Mohd Hasbie and GBB Nandy @ Gaanesh.
A.In Pursuit of An Excellent Justice System in Malaysia
At last year’s Opening of Legal Year (“OLY”), the Honourable Attorney General made an ominous prophecy that “the Attorney General’s Chambers fully expects 2012 to be paved with cobblestones and lined with tripwires”.1 Being the eternal optimist that I am, at that OLY I foreshadowed instead, in my concluding “pantun”, collaboration between the stakeholders to improve the administration of justice, in the words “bantu-membantu sesama kita, agar usaha bertambah mutu”.2
It has come to pass that my optimism was not unfounded.
2013 Bar Council subscription Click the link above to download Circular 090/2013 pertaining to the 2013 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2013 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Starting a new Practice If you are thinking of setting up your own law practice, click on the link above to view Bar Council's information and checklists to help you prepare for your new endeavour.
MSLSSL and MCLJ Conference on Employment and Labour Laws 2013 (30 May 2013) Organised by the Malaysian Society for Labour and Social Security Law and Malaysian Current Law Journal, this conference entitled “Current Issues on Employment and Labour Laws” will be held at 8:30 am to 6:00 pm, at Grand Hyatt Kuala Lumpur, on 30 May 2013 (Thursday). The conference carries six CPD points. Click on the link above for more details.
International Arbitration Conference by CIArb Malaysia (22 to 24 Aug 2013) Organised by the Chartered Institute of Arbitrators, this conference will be held at Eastern & Oriental Hotel, 10 Lebuh Farquhar, 10200 George Town, Penang, from 22 to 24 Aug 2013 (Thursday to Saturday). The conference carries 10 CPD points. Early-bird rate ends on 30 Apr 2013. Click on the link above for more details.
“Transforming Criminal Justice” One-week Study Programme (25 to 29 Nov 2013) Organised by Public Administration International (“PAI”), this UK-based one-week study programme entitled “Transforming Criminal Justice: from Joined-up Justice to Multi-agency Approaches” will be held in London from 25 to 29 Nov 2013 (Monday to Friday). For further enquiries, please contact PAI by telephone at +44 (0)20 7580 3590, by fax at +44 (0)20 7580 4746, or by email at pai@public-admin.co.uk.
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In my capacity as President of the Malaysian Bar, I had a productive and frank meeting yesterday afternoon with the Malaysian Anti-Corruption Commission (“MACC”)’s Chief Commissioner, Dato’ Sri Hj Abu Kassim Mohamed, regarding the allegations of corruption against a retired Court of Appeal Judge and other potential cases involving others in the legal system.
Circular No 115/2013: Seminar on Enforcement of Judgment (4 June 2013)
