Why was the 'copy-cat' judge promoted?

'If a judge is allowed to get away with plagiarism, how can we expect to enforce copyright laws, or for that matter the concept that copying is wrong?'

'Plagiarised judgment' involved a copyright case

Lover Boy: Any Malaysia litigation lawyer would know who this judge is and it is not the first time he is doing this. When he was promoted to the Court of Appeal the legal community in Kuala Lumpur were astounded.

But then when you have judges like one who does not conduct trials but hear a full case on affidavits and submissions being promoted to the Court of Appeal, are you surprised?

I say kick all of them out and Bukit Gelugor MP Karpal Singh, I am glad you brought this matter up.

Cala: "Quoting another judge is not plagiarism," said Information Minister Rais Yatim.

The fact of the matter is circumstances of quoting matter. If one were to quote from a single source certain elements to support his argument and jumps into conclusion, it gives the reader the impression that the author has not done a thorough research.

He has not relied on ‘triangulation method' of reaching his conclusion through varied sources. Worse, if that single source from which the author quotes word for word but is unacknowledged, then that is plagiarism alright.

The seriousness of the offence depends on the law of the country. As Malaysia has always been weak in the rule of law, besides the loss of face, I am wondering aloud whether the case merits the dismissal of the said judge.

Tbala: It is a known fact among lawyers that this particular judge has the tendency of reproducing the entire written submission prepared by lawyers as his judgment.

There is no originality in any of his judgments. If one were to read his judgments, he always restates the established legal principles (including the development of the principles) so as to make his judgments lengthy.

He has always been the subject of joke among the lawyers for being a copy cat. But we were all surprised when he was promoted.

He still continued with his ways even until now. He wrote a judgment to say that all court documents ought to be in Bahasa Malaysia and that proceedings should be conducted in Bahasa Malaysia. But he wrote that judgment in English.

Wira: Did Rais also quoted excessively in his doctoral thesis on ISA? Is that the real reason why he repudiated his own thesis after being called to join the cabinet?

Ex-law minister confirms 'plagiarist judge' case

Zainuddin: Rais' comments on this case clearly indicate the way this government goes for selective prosecution. As long as you are with them, it is okay - you will be looked after.

This is the state of our judiciary. It's no longer an independent arm of the government, it is part of this corrupt regime which has actually, by its lack of integrity, lost its right to rule.

Gerard Samuel Vijayan: This story has been around for a very long time. The matter could have been resolved by the then chief justice asking the judge in question to resign, but this was not done. Instead he was transferred out of Johor Baru and cold-storaged for a time.

The point is any form of intellectual dishonesty is still dishonesty, and the most important quality that a judge must have is honesty - both with the law and his person.

Any self-respecting judge would have resigned on his own accord rather than pretend and ingratiate himself with the establishment so that he can get promoted further to the apex court.

His obvious bias, prejudice, disdain and utter contempt for individuals perceived to be anti-government, as was seen in his judgment in the Anwar Ibrahim appeal that led to four paragraphs of his judgment being expunged by the Federal Court, suggests a person who lacks temperament, impartiality and objectivity, and therefore making him unfit for judicial office.

ONG: The complaint was received in 2000 when Rais was the minister in charge. Rais claims that he did not follow up on the matter because he was transferred to another cabinet portfolio in 2004.

What did he do during the four years from 2000 to 2004? Knowing his character and calibre, most likely nothing.

Fillio: As to the then law minister, I can safely conclude that he too shares a common character of being irresponsible for sitting on the case for almost four years, which amount to 1,440 days without resolving it.

His mitigation that he had been transferred to another portfolio, and thereby unable to follow up on the case, reinforces his irresponsibility character, though being a very senior cabinet minister.

My office boy, though holding the lowest rung in position, is very responsible to prepare a handing-over note when he was transferred to another department.

Rais can have all the time to engage a tit-for-tat with Penang Chief Minister Lim Guan Eng but has no time to resolve this pivotal case. What a disgrace Rais has brought to the Malaysian cabinet and government.

An appellate judge thought that he was too smart to pass a disparaging remarks in the Anwar appeal case. Not only that his remarks were expunged by the Federal Court but they help to undress his true character, who is indeed a dishonest judge even though the establishment tried to dress him as a learned judge by elevating him to the Court of Appeals.

The saying, 'people living in glass house should not throw stones' is very true. We have a plagiarist judge who has been elevated to the appellate court. What a disgrace to the Malaysian judiciary.

Mirror on the Wall: If a judge is allowed to get away with plagiarism, how can we expect to enforce copyright laws, or for that matter the concept that copying is wrong among our students and academics?

Something is really wrong with the system. But then again, this is not a very original thought. - Malaysiakini