Insights & developments
Legal commentary, firm publications and selected developments from the courts.
Only Chief Justice Raus Sharif can decide whether retired or serving Federal Court judges should be appointed to adjudicate this matter, but how will serving judges handle the conflict between fair play and career advancement, ask lawyers. PUTRAJAYA: Senior lawyers prefer retired judges to decide the legal status of the nation’s two top judicial officers […]
Read insightLawyers say a recent order made by a sessions court is unreasonable. Reuters pic. PETALING JAYA: Lawyers have questioned the wisdom of a court order to stop a man on trial from using Facebook pending the disposal of his case. Shashi Devan Thalmalingam, a member of the Kuala Lumpur Bar committee, said the order, made […]
Read insightPETALING JAYA: The three arms of the government — the executive, legislature and judiciary — must uphold the supremacy of the 60-year-old constitution, following a recent landmark ruling, a retired judge and lawyers said. They also said judicial power and judicial independence were sacrosanct in the Malaysian constitutional framework to keep every organ and institution […]
Read insightPETALING JAYA: Any provision in acts of Parliament or state enactments that seeks to remove the court’s judicial review power is now illegal following the ruling by the Federal Court on the M Indira Gandhi case on Monday, say legal experts. A retired judge and senior lawyer says litigants who were affected by the decisions […]
Read insightThe attorney-general has a right to appeal but it must done based on sound grounds, says Nair. PETALING JAYA: The public prosecutor, as the guardian of public interest, has every right to appeal against acquittals and sentencing by the courts, lawyers said. However, they also said it must not be seen as going after opposition […]
Read insightThe Malaysian Bar says all parties in the administration of justice, and not just lawyers, have a duty in maintaining standards. Inaccurate to say that poor quality judgments are due to poor standard of advocacy and sub-standard submissions and research by lawyers, says Varughese. KUALA LUMPUR: It is unfair to pick on lawyers over declining […]
Read insightPETALING JAYA: Lawyers have said it is wrong for Deputy Home Minister Nur Jazlan Mohamed to say jailed former opposition leader Anwar Ibrahim would risk a longer jail term if he issues press statements without the Prisons Department’s approval. Senior lawyer SN Nair said that Jazlan should not make statements that are not within his […]
Read insightPETALING JAYA: A lawyer said any investigation and prosecution of those implicated by the Royal Commission of Inquiry (RCI) into forex trading losses suffered by Bank Negara will be a futile exercise. S N Nair said the fiasco happened more than 25 years ago and key witnesses would not be around to testify for the […]
Read insightPETALING JAYA: Putrajaya can amend prison regulations to place opposition leader Anwar Ibrahim under house arrest instead of continuing to keep him in prison, his former lawyer said. S N Nair said there was no provision for house arrest, unlike in Pakistan or the Philippines, but the Prisons Department could enact such rules to accommodate […]
Read insightPETALING JAYA: The Malaysian government can apply to extradite former lawyer VK Lingam, 66, to serve his six-month jail term for contempt of court, a lawyer said. SN Nair said Attorney-General Mohamed Apandi Ali could apply to the country where Lingam was currently residing in to bring him back under the Mutual Legal Assistance (MLA) […]
Read insightPETALING JAYA: Anwar Ibrahim’s ex-lawyer has challenged Ahmad Husni Mohamad Hanadzlah to repeat his allegation outside the Dewan Rakyat that Anwar had sexually abused the Tambun MP’s nephew. “If Husni is man enough, he should repeat what he had uttered and face a possible lawsuit,” lawyer S N Nair said. “There is absolutely no evidence […]
Read insightPETALING JAYA: Ahmad Zahid Hamidi’s comments on the court battle between Abdul Hadi Awang and Clare Rewcastle Brown in London is ludicrous and has gone beyond decency and legal implications, a lawyer said. S N Nair said the deputy prime minister’s remarks were out of place as the matter was sub-judice because Clare’s potential witness, […]
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