The Malaysian Bar has expressed concern and wants a thorough investigation into Court of Appeal judge Abdul Malik Ishak following allegations of plagiarism, and Penang High Court judge Chan Jit Li's conduct following reports she hugged Karpal Singh after delivering an award of RM2 million.
Bar Council president Lim Chee Wee (right) emphasised that proper judicial conduct must be observed at all times.
“Judges must always maintain a ‘high standards of personal and judicial conduct’, and behave in a manner that preserves the dignity of their position,” said Lim.
The Malaysian Bar, he said is concerned over the lack of closure over the allegation involving Justice Abdul Malik had plagiarised a judgment written by a Singapore judge in 2000, which led to this matter being raised once more.
“It is in the public interest that the authorities disclose the past investigation and if it was inadequate, look into the allegation anew. Failure to acknowledge the source of work presented, if it is not one’s own, is tantamount to plagiarism, a misconduct that must not go unpunished,” said Lim.
“Recent media articles which reported (High Court) judge Chan Jit Li as having hugged Karpal Singh, the plaintiff to whom she had just awarded over RM2 million in compensation are also troubling. In addition, the judge reportedly remarked she knew Karpal personally, which raises the question of whether Justice Chan should have recused herself from hearing the matter.”
Lim said judges are bound by the Judges’ Code of Ethics 2009, where, section 6(1) states a judge “shall act at all times in a manner that promotes integrity and impartiality of the judiciary”.
“In addition, section 7(8) of the code provides that a judge ‘shall not conduct himself in a manner which is not befitting of a judge or which brings or is calculated to bring disrepute to his office as a judge’.”
'Such perception erodes public confidence'
Lim said such actions by the two judges give rise to a certain perception in the public mind.
“This will erode public confidence in the justice system. The Malaysian Bar calls for a thorough investigation into the allegation against Justice Abdul Malik and into Justice Chan's reported conduct.
It was reported that a motion has been brought up in parliament against Justice Abdul Malik following the plagiarism allegation. Karpal, who drafted the motion with the support of close to 60 Pakatan Rakyat MPs, is calling for the setting-up of a tribunal.
Minister in the Prime Minister's Department Nazri Abdul Aziz said the government or the executive could not take action on Justice Abdul Malik as it would be deemed as an intervention from the executive following reports of no action taken.
On Oct 7, it was reported that Karpal received a RM2 million award after the defendants were found to be liable by Justice Chan for causing the senior lawyer’s injury which had left him wheelchair bound.
Karpal suffered a severe spinal cord injury, fracture at the C3/C4 invertebral disc, inability to walk or stand and severe pain secondary to spasms, among other injuries.
It was reported that Chan had gave Karpal a light hug as the proceeding ended.
Bar Council president Lim Chee Wee (right) emphasised that proper judicial conduct must be observed at all times.“Judges must always maintain a ‘high standards of personal and judicial conduct’, and behave in a manner that preserves the dignity of their position,” said Lim.
The Malaysian Bar, he said is concerned over the lack of closure over the allegation involving Justice Abdul Malik had plagiarised a judgment written by a Singapore judge in 2000, which led to this matter being raised once more.
“It is in the public interest that the authorities disclose the past investigation and if it was inadequate, look into the allegation anew. Failure to acknowledge the source of work presented, if it is not one’s own, is tantamount to plagiarism, a misconduct that must not go unpunished,” said Lim.
“Recent media articles which reported (High Court) judge Chan Jit Li as having hugged Karpal Singh, the plaintiff to whom she had just awarded over RM2 million in compensation are also troubling. In addition, the judge reportedly remarked she knew Karpal personally, which raises the question of whether Justice Chan should have recused herself from hearing the matter.”
Lim said judges are bound by the Judges’ Code of Ethics 2009, where, section 6(1) states a judge “shall act at all times in a manner that promotes integrity and impartiality of the judiciary”.
“In addition, section 7(8) of the code provides that a judge ‘shall not conduct himself in a manner which is not befitting of a judge or which brings or is calculated to bring disrepute to his office as a judge’.”
'Such perception erodes public confidence'
Lim said such actions by the two judges give rise to a certain perception in the public mind.
“This will erode public confidence in the justice system. The Malaysian Bar calls for a thorough investigation into the allegation against Justice Abdul Malik and into Justice Chan's reported conduct.
It was reported that a motion has been brought up in parliament against Justice Abdul Malik following the plagiarism allegation. Karpal, who drafted the motion with the support of close to 60 Pakatan Rakyat MPs, is calling for the setting-up of a tribunal.
Minister in the Prime Minister's Department Nazri Abdul Aziz said the government or the executive could not take action on Justice Abdul Malik as it would be deemed as an intervention from the executive following reports of no action taken.On Oct 7, it was reported that Karpal received a RM2 million award after the defendants were found to be liable by Justice Chan for causing the senior lawyer’s injury which had left him wheelchair bound.
Karpal suffered a severe spinal cord injury, fracture at the C3/C4 invertebral disc, inability to walk or stand and severe pain secondary to spasms, among other injuries.
It was reported that Chan had gave Karpal a light hug as the proceeding ended.
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