Hornbill Unleashed

September 12, 2013

‘Allah’ appeal verdict next month


The Court of Appeal says this after hearing submissions from concerned parties.

The Court of Appeal will deliver its verdict on the ‘Allah’ issue next month after hearing submissions from government lawyers, the Catholic Church and counsel representing Muslim groups at the Palace of Justice in Putrajaya today.

Court of Appeal judge Mohamad Apandi Ali, in reserving judgment, said that the court would deliver its verdict next month after going through all the arguments put forth.

The three-man bench chaired by Mohamed Apandi included Mohd Zawawi Salleh and Abdul Aziz Abdul Rahim. (more…)

May 28, 2009

Lord Lester QC: Najib talking nonsense

By Chee How @ Hueditor

zambryWhen a lawyer friend of mine heard in the news on Sunday that PM Najib expressed regret that the Opposition accused the BN government of influencing the Court of Appeal’s decision in determining the rightful Perak Mentri Besar, she was bewildered and instantly sent me a short message.

No, she was not baffled by Najib’s attack on the opposition and their claim that the Court of Appeal was influenced to overturn the High Court decision to determine that Zambry Abdul Kadir is Perak’s rightful Menteri Besar. Which intelligent soul in Malaysia would have been buffled? It’s just Najib jumping onto the stage for his clown dance.

“Najib said that the Court of Appeal’s decision was hailed by international legal experts, including Queen’s Counsel Lord Anthony Lester!” I can sense her anger and shock. (more…)

May 24, 2009

What next in Perak … on a lazy Malaysian Sunday?

By Sim Kwang Yang

PALACE-OF-INJUSTICEThe Appellate Court decision yesterday to restore BN’s Zambry as the Perak Mentri Besar should not have surprised too many informed Malaysians.

We have lived through the constitutional crisis in 1988, when judicial independence was stripped through constitutional amendments rammed through the Parliament by the BN two-third brute majority.  We have lived through the Lingam Tape scandal before the 2008 general election.  We have seen half-past-six attempt on judicial reform after the 2008 political tsunami.  It is judicial business as usual, Malaysia style.

Even if Nizar gets his written judgement, and he appeals to the Federal Court against the decision of the Appellate Court, what do you think the final decision of the Apex court will be?  You want to bet, even for a cup of coffee? (more…)

April 19, 2009

Former Court of Appeal Judge judges the judge

By Sim Kwang Yang

(Perak is embroiled in a constitutional crisis, not moving to the various courts.  Why are the verdicts so predictably against the Pakatan Rakyat and the Speaker of the Perak state assembly?  Is there another way of examining the judgement?  Justice N. H. Chan, former Appeal Court Judge judges the judge.  In case you have missed his judgement in Malaysian Insider, we reproduce his judgement below.  A must read for all lawyers and judges in Sarawak!  —  SKY)

A judge who does not appear to be fair is useless to the judicial process. As such he is a bad judge and is therefore unfit to sit on the bench.

By Justice N.H. Chan, former Court of Appeal Judge (The Malaysian Insider)

APRIL 16 – The story unfolds with the application of three turncoat members of the Perak Legislative Assembly for a declaration that Speaker V. Sivakumar’s order, which was made in the Legislative Assembly, that their seats in the Assembly have become vacant because they have resigned was illegal. Here is the report from theSun newspaper, Thursday, April 2, 2009:

IPOH: The High Court yesterday dismissed the application by Perak State Assembly Speaker V. Sivakumar to strike out an original summons brought by the three independent assemblymen, seeking a declaration that Sivakumar’s order to declare their assembly seats vacant was illegal. (more…)

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