Ex-CJ Zaki says should not compare court rulings

KUALA LUMPUR, Sept 6 — It is unfair to compare court judgments, said former chief justice Tun Zaki Azmi.

Sometimes one decision cannot be used as an example for another, he told Bernama after launching a book entitled “Construction Law” here today.

He was commenting on public outcry over the Court of Appeal ruling in affirming a Sessions Court’s decision to bind national tenpin bowling ace Noor Afizal Azizan on a five-year, RM25,000 good behaviour bond for committing statutory rape, and comparing it to the sentence meted out against an iman who threw his slippers at judges.

Zaki (picture) said: “The law provides for penalties that may be imposed on an offender. They include fines, imprisonment, caning and bail. Actually, bail is granted to provide an opportunity to an offender to reform.”

He said if the court believed the offender should be given a chance to redeem himself, it was not wrong if the court ordered him to be granted bail.

“We should accept that discretion will be given by a judge depending on the offence committed. This includes the facts how the problem occurred and the implications to the people. Ultimately, it’s up to the people whether to accept the sentence meted out or not,” he said.

Earlier in his speech, Zaki said the construction industry traditionally relied on a surfeit of methods in dispute resolution other than the courts.

“Some of these procedures like adjudication are of recent origin, some like arbitration is of long standing.

“With the growth of the construction industry, it is important for the players in the industry to truly understand not only construction processes but also the legal implications involved in construction projects,” he said.

Published by Sweet & Maxwell Asia, the book is authored by Datuk Sundra Rajoo and Harbands Singh. — Bernama