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Saturday, January 10, 2015

Bar chief reminds judiciary criticisms are ‘coffee shop talk’ gone viral

In his speech, Malaysian Bar president Christopher Leong also said he wants specialised courts for areas such as the environment. – The Malaysian Insider pic, January 10, 2015.In his speech, Malaysian Bar president Christopher Leong also said he wants specialised courts for areas such as the environment. – The Malaysian Insider pic, January 10, 2015.Criticism of the judiciary is here to stay due to the presence of the Internet and social media, said Malaysian Bar president Christopher Leong today, describing these channels of communication as the "new coffee shop".
"Indeed, it would appear that the social media is the new coffee shop. Thus, it is not uncommon to read of criticisms of the judiciary or its judgments on the Internet," he said.
He said in this day and age, it is only natural that what was previously termed "coffee shop talk" among a few people to now go viral on the Internet , thus reaching thousands.
However, he said that was not a licence to hurl abuse or make comments or accusations that are unfair or without basis.
"Although the institution of the judiciary or its judgments should be open to criticism, nevertheless, unjustifiably damaging the standing of the judiciary would be counter-productive," Leong said in his speech at the opening of the legal year in Putrajaya today.

Leong, who heads the Bar comprising about 15,000 lawyers, said he hoped that criticisms would thus be constructive and temperate.
"Criticisms, even in strong terms, of judgments which in effect serve to correct or point out an injustice or advance the administration of justice should be accepted or even welcomed," he added.
He said in order for legal decisions to stand the test of time, they must survive the test of public scrutiny.
"In no way should criticism of court decisions, or how they came to be made, be viewed as seditious or contemptuous by virtue of being an affront to the administration of justice or scandalising the court," he added.

Chief Justice Tun Arifin Zakaria and Attorney-General Tan Sri Abdul Gani Patail later in their speeches took exception to attacks on the judiciary by lawyers.
"I must say it is disheartening to note that a handful of lawyers have repeatedly made use of public media and public fora to make unjustified criticism against the judiciary, and more so on the decisions of the court, knowing full well that as members of the Malaysian Bar they are obliged to act with candour, courtesy and fairness.
"And any attack on the judiciary which undermines the confidence of the public in this institution amounts to an attack on the administration of justice," Arifin said.
Gani said there were reports in the alternative media where lawyers made scurrilous remarks about the judiciary.
"Criticism must be made at the right place and manner. One should not criticise for the sake of criticising," he added.
Leong, in his speech, also called for the existing environment court to be expanded to handle civil cases.
 
"We believe that there is a need for such legal action to be dealt with efficiently and by specialist courts," he added.
He also expressed concern with the re-introduction of preventive detention without trial laws through amendments to the Prevention of Crime Act 1959 after the government had repealed the Internal Security Act 1960 and the Emergency Ordinance of 1969.
He said the Bar would continue its work for the advancement of the fundamental freedoms of thought and speech, and for the repeal of the Sedition Act.
"The Act serves to perpetuate immaturity, lack of understanding, and exploits insecurities, which in turn provides fertile ground for extremist elements to sow their seeds," he said.

Leong said this legislation served to entrench the racial, religious and other fault lines in our nation.
Prime Minister Datuk Seri Najib Razak had on November 27 announced that the Sedition Act would not be repealed and instead be strengthened.
- TMI

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