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Monday, April 23, 2012

Federal court judge says public have to live with wrong judgement

And another judge thought that a bridging loan was a loan to construct a bridge. (A bridge loan  also known in some applications as a swing loan is a type of short-term loan, typically taken out for a period of 2 weeks to 3 years pending the arrangement of larger or longer-term financing).

Former High Court judge Syed Ahmad Idid Syed Abdullah said this when revealing glimpses of a forthcoming book about miscues (improper, unlawful or incorrect use) in Malaysian courts for which he wrote the forward.

Read the rest of what he has to say in the article below, Book on court miscues to hit the shelves after polls, courtesy of Malaysiakini:

Book on court miscues to hit the shelves after polls

Hafiz Yatim
2:11PM Apr 23, 2012

A book about miscues in Malaysian courts, and confounding and fallacy judgments is in the works and is expected to be out after the 13th general election.
The book, which yet to be titled, will only be published after the upcoming election to ensure politicians do not misuse or abuse its contents.
NONEFormer High Court judge Syed Ahmad Idid Syed Abdullah (left) said he was writing the foreword to the book.
Giving some glimpses of the contents, Syed Ahmad Idid said he was informed of a statement made by a judge in the country’s highest court.
“We are the Federal Court, even if we hand you a wrong decision, you have to live with it,” he quoted the judge’s statement and described such statements from the bench as “terror”.
“I can sense that you are keen to know who that judge is and in which case this occurred.

"This book will be published after the 13th general election, in which the authors will offer incorrect statements made in the various courts.

“They (the authors) do not want the politicians to misuse, abuse or use the contents in their confrontation with the opposing parties. It will be about vendetta and abuse of power.
“How do I know about the book? I was invited to write the foreword,” he said.
Syed Ahmad Idid who has authored the 'Writing of Judgments - a Practical Guide for Courts and Tribunals' revealed this in his speech at Universiti Malaya’s ‘Legal Night’ over the weekend.
He also mentioned a case cited in the book where the witnesses had given testimony of land measurement in hectares, but when the judge pronounced the court’s decision the land measurement was in acres.
Art of advocacy 'diminishing'

Syed Ahmad voiced concern that the art of advocacy in courts is diminishing.
“I am saddened ... Many among you who have trained to be advocates or wish in your dreams to appear as successful or famous advocates are disappointed.
“It seems our courts are so crammed with cases that the judges now resort to ‘quickies’ and written submissions.You do not have sufficient time to make your claims or put up your clients’ defence properly."

Syed Ahmad Idid also offered some words of wisdom: “One huge challenge is the negative perception of lawyers and the (present) justice system.
“It is our duty to improve the quality of court-life and judgments. By so doing we can change the perception.”
He advised students to keep themselves up to date with the law.
“It is a necessity and may soon become mandatory! Please prepare your own way and discover as much as possible as to what you must know to facilitate your journey.
“There was no Internet before. We did not know of the galaxy which now makes our earth look like a dot on a piece of paper.
“The present situation requires all of us, myself included, to keep abreast of developments in many fields.
“Of course, we need to be ahead particularly in law and justice. We cannot be like the judge in a matter where he did not know that a bridging loan (or 'swing loan') is a short-term financing arrangement.
“He thought the loan was for the construction of bridges."

Syed Ahmad Idid noted the interesting debate in Kedah following the passage of the Mufti and Fatwa Enactment 2012 last week.
“The former Perlis mufti (Asri Zainul Abidin) had stated that such an enactment was “unIslamic”.
“The exchange of views coming from these two Muslims has invited the MCA to judge whether the fatwa is acceptable or not. I hope you will write an article on this argument.

"You can connect it to other fatwas like those against (Indian author) Salman Rushdie and (Bangladeshi author) Taslima Nasreen and discuss the effect of the fatwa, with one of the longest judgments ever written,” he said without naming the case.
The Kedah legislative assembly passed an amendment to the enactment barring challenges of fatwas in the civil and Syariah Courts.

1 comment:

J. Watson said...

Loans are always taken, when there is scarcity of money, or when one needs money urgently. Bridging loans are often taken when transaction is required between two properties. When people get stuck between properties they opt for bridging loans.