In refusing an application by Dato Seri Anwar Ibrahim and Sukma Darmawan for stay of execution of sentence and bail, the Federal Court held that it had no jurisdiction under Section 89 of the Courts of Judicature Act to entertain such an application. Finding ambiguity in the wording of that provision, the Federal Court declined to give it a construction that would confer (rather than withhold) jurisdiction.
Life and liberty being among the most fundamental of all constitutional and human rights, the Federal Court as the highest protector of such rights ought to be robust, proactive and progressive in assuming the ultimate responsibility of such legal supervision, rather than easily relinquishing jurisdiction.
Hence, the Bar Council is deeply disturbed that our apex court, by refusing jurisdiction, has opted to turn its back on a full and thorough examination of the substantive issues of justice in relation to the liberty of persons. This is all the more alarming, when abundant legal principles exist to support the opposite course of action; such as the principle that an ambiguity in legislation should always be resolved in favour of an accused.
To say that the highest court in the land has appellate or supervisory jurisdiction to deal with stay of execution in a civil dispute, but not when it comes to the liberty of a person, can hardly warm the hearts of Malaysians. Such decision runs counter to Malaysia's attempt to regain credibility in its justice system. Judicial independence does not merely mean the absence of actual executive interference. It also entails the presence of total inner freedom to do justice without thought of any unspoken yet perceived wishes of those who happen to wield power.
It has been well said, recently, that there is no point in having a judicial and legal system that the public has no faith in. We share this view. Currently, there is so much disquiet, both domestically and internationally. To set the future on the right path, public confidence must first be regained. The majority of Malaysians may choose not to be vocal, but they know in their hearts and minds when justice is, or is not, done.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2012 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.
Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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