18 June 2009

Nizar - Got to rely on 5 minute oral judgement when filing an appeal.........

Bukit Gantang MP Datuk Seri Mohammad Nizar Jamaluddin today lamented that the Court of Appeal had yet to release its written judgement after reversing the High Court ruling that he was the legitimate Mentri Besar of Perak.

"Pakatan Rakyat is thus forced to submit an appeal to the Federal Court on the status of the Perak Mentri Besar based on the Court of Appeal's "five-minute oral judgment".

"The Court of Appeal had made a quick decision to reverse the High Court's ruling which found me to be the legitimate Mentri Besar.

"The Court of Appeal had promised to produce the written judgment in seven days after the hearing on May 22 and my lawyers had also sent three letters to get the written judgment so that we can file our appeal.

"(But) until today, we have not received anything and we have to submit our application latest tomorrow as the 30-day deadline for appealing to the Federal Court expires on Monday.

"How are we going to frame our questions without the written grounds of judgment? he asked, adding that PR would appreciate if the written grounds of judgment from the Court of Appeal had been produced quickly.

"I have difficulty reading what was in the minds of the (Court of Appeal) judges when they gave me a five-minute oral judgment," he told reporters in Parliament lobby today.

On allegations that his show of protest during his swearing-in ceremony as MP on Monday was an act of hooliganism, Nizar said: "There are more Barisan Nasional MPs who acted rowdy, including insulting their female colleagues.

"I had only chanted Hidup Rakyat (long live the people) Bubar DUN (dissolve the state assembly). Was that an act of hooliganism?" he asked.

source:the Sun

Meanwhile, Chief Justice Zaki Tun Azmi said that a judge who finds difficulty in making a decision as soon as possible is not a good judge.

He said one of the factors in considering the ability of a good judge was how up to date he was with his grounds of judgement, and trial judges should make their decisions as early as possible and thereafter write their grounds of judgement.

He said the delay whether in commencing a case, calling for defence, making the decision at the end of trial or writing grounds of judgement, may cause injustice.


So what do you call a judge who promise a written judgement after 7 days, suddenly failed to fulfill his promise?

Maybe, the judge couldnt come out with a concrete ground of judgment on the status of the Perak Mentri Besar case.

cheers.

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