CJ, AG TO BLAME: Problem in Malaysia is Judges are seen serving politicians NOT the law

‘The implication of CJ's urging to the judges is serious, even frightening.’

SSDhaliwal: Dear chief justice (CJ) Arifin Zakaria, the backlash from the public is nothing more than dissatisfaction with the entire system ranging from poor governance and corrupt practices of the government to the apparent judicial biases.

As judges you have sworn an oath to serve the law and not politicians, to protect the constitution and dispense just decisions that do not contravene the constitution. That’s all we ask.

David Dass: The CJ says to the judges - have the courage to make judgments that are unpopular with politicians, the media and the public. Write judgements clearly in accordance with precedent and with good reasoning.

He reassured judges that there was no directive requiring the minority to go along with the majority. He said all stakeholders of the legal system should jointly work together to ensure the integrity and dignity of the judiciary to maintain the public trust in the judiciary.

He urged care, caution and responsibility in the use of social media websites lest confidence in the judiciary be eroded. And he reminded all parties, especially lawyers, not to go against the rule of law when criticising a judgment.

What does the last caution mean?

RR: Malaysian judges should take a leaf from the way Justice Thokozile Masipa of South Africa delivered her judgment in the recent Oscar Pictorius murder trial.

Meticulous and so well-connected to the law and facts; she just ignored biased public opinions. She can thus defend her judgment against any criticism.

Keturunan Malaysia: “If it looks good, you'll see it. If it sounds good, you'll hear it. If it's marketed right, you'll buy it. But... if it's real, you'll feel it” - Kid Rock quotes (American Musician, b.1971 as Robert James Ritchie)

Drngsc: We only want justice to be blind and fair. Judgments must be just. At the moment, that is severely lacking.

We hope that the new High Court, Federal Court and Court of Appeal judges are skin-coloured blind - blind to politics and blind to religion.

Be a good judge and fulfil the oath that you have taken. The public is waiting to see that.

Odin: I believe the chief justice's statement reported in the first paragraph of the news article ought to be read as: “Judges must have moral courage to make decisions that are unpopular with politicians in the opposition, the media that are not subservient to the ruling party, and members of the public who have functioning brains.”

Ksn: The implication of the CJ's urging to the judges is serious, even frightening. Is he saying that judges are afraid of being unpopular and are afraid of politicians?

If there is any truth in the CJ's call - and there has to be, coming from the CJ - the entire judiciary should be ashamed of itself.

Is it not the elementary principles that judicial decisions are based on the constitution and laws passed by Parliament with no regard to being popular or otherwise, and to please any party?

CJ, you also have to ensure that all the judges and other judicial officers are intellectually capable to interpret the law with unquestionable integrity, without fear or favour.

Reform the judiciary, CJ, dismiss those not fit to serve justice.

Fairplayer: Justice should be the yardstick in all cases. This has nothing to do with judgments being "popular" or "unpopular".

Judges must be brave and be just and fair. There should be no hidden hands at work. The rakyat want to see integrity and credibility in our judges. We want to see justice prevails at all times.

Can we have that, please?

2 Tim 1:7: In the Adorna Properties vs Boonsom Boonyanit land case appeal heard in 2000, former chief justice Eusoff Chin delivered a verdict that was wholly inconsistent with natural justice and law.

When he read about it, a senior lawyer in Johor commented that it means nobody's land title is safe. As a seasoned judge, Eusoff was aware of the relevant facts and knew the law.

We can only conclude therefore that other considerations than law and justice dictated his verdict.

On Jan 21, 2010, a panel of five judges of the Federal Court headed by Zaki Azmi overturned Chin's verdict. Zaki called it “blatantly wrong in law”.

Instead of being caned in public for perverting the course of justice, Eusoff was awarded a Tun-ship on his retirement - the highest honour for distinguished public service. Need I say more?

Anonymous_40f4: Indeed, the three appellate court judges who rushed the Sodomy II appeal faster than champion sprinter Usain Bolt will soon be rewarded.

They brought forward the appeal date. They worked hard against defence lawyer Karpal Singh and worked overtime to pass the judgment.

If not for them, today Opposition Leader Anwar Ibrahim would be the MB of Selangor. -M'kini