Inappropriate to include extraneous matters in judgments
Wednesday, 27 June 2001 12:00am
In relation to the recent claim by High Court Judge Datuk Muhammad Kamil Awang that he was directed to dismiss an election petition without hearing it, the Malaysian Bar is of the view that the disclosure by the learned Judge has not tarnished the image of the judiciary. On the contrary, the Malaysian Bar is of the view that the disclosure of the alleged directive by telephone enhances the image of the judiciary as it demonstrates the integrity and courage of the Judge in bringing the matter out into the public domain rather than ignoring or pretending that the alleged incident did not happen.
The learned Judge's disclosure, albeit delayed, indicates that the judiciary is more transparent and accountable which in the final analysis benefits the public. Ideally, the learned Judge should have made the disclosure at the time he received the telephone call and ought to have considered whether he should have recused himself from hearing the case.
The Malaysian Bar is of the view that it was inappropriate for the learned Judge to include his personal experiences involving his children in his judgment as the matters were extraneous and irrelevant to his judgment and did not in law amount to an obiter dicta.
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