Hornbill Unleashed

October 5, 2011

Pakatan guns for ‘copycat’ judge


According to Karpal Singh, the Court of Appeal judge allegedly plagiarised a judgment by a Singaporean counterpart in early 2000.

Sixty Pakatan Rakyat MPs are pushing for a motion to censure a Court of Appeal judge for alleged plagiarism.

Leading the pack, Bukit Gelugor MP Karpal Singh said that justice Abdul Malik Ishak had allegedly committed the offence while serving as a High Court judge in Johor in early 2000.

The judge was accused of plagiarising a judgment by then Singapore High Court judge GP Selvam and the irony of the matter was that Malik was hearing a case regarding copyright.

Speaking at a press conference in Parliament, Karpal said: “We have filed the motion (to discuss the censuring) with the secretary of the Dewan Rakyat.”

“This motion (is in line with) Article 127 of the Federal Constitution which allows for discussion of the conduct of judges if 1/4 of parliamentarians support the motion,” he added.

The total number of MPs is 222, and with 60 backing the motion, it exceeded the required number.

Suspend the judge

Meanwhile, Karpal described the charge against the judge as serious, and did not reflect well on the judiciary.

“It is clearly misconduct of a very serious nature on the part of Malik bringing the Malaysian judiciary into disrepute,” he said, demanding that the judge be suspended and brought before a tribunal.

Karpal said that portions of Selvam’s judgment were copied without quoting and acknowledging the original source.

The DAP leader said he had written twice to Malik in August and September this year but did not receive a response from him over the matter.

Karpal added that the motion filed today was also in line with Parliamentary Standing Orders 27 and 36 (8).

Standing Order 27 states that advance notice must be sent to the Dewan Rakyat secretary before tabling a motion in parliament.

While Standing Order 36 (8) required a motion to be tabled in parliament first before there is any discussion regarding a public officer appointed under constitutional provisions.

Law graduate from Singapore

According to the judiciary website, the Johor-born Abdul Malik was appointed to the Court of Appeal on July 16, 2007.

A law graduate from the University of Singapore – graduating in 1974 , Abdul Malik was appointed as a Judicial Commissioner on Oct 1, 1992, and subsequently, as a Judge of the High Court of Malaya on Aug 17,1994.

Prior to that he had served as a magistrate, deputy public prosecutor, state legal adviser, senior Sessions Court judge and advisory board chairman at the Prime Minister’s Department.

[Judge’s photo from the judiciary website]


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