Categorised | Letters to the Editor

Superfast Court of Appeal

I REFER to Malaysiakini‘s news report titled Court of Appeal hears Zambry’s appeal, which states that a one-member panel involving Justice Ramly Mohd Ali has been set up to hear Datuk Seri Dr Zambry Abdul Kadir’s stay application (against yesterday’s High Court decision declaring Datuk Seri Mohammad Nizar Jamaluddin the rightful Perak menteri besar).

Ramly began hearing the application at 11.45am at the Palace of Justice in Putrajaya, a few hours after the appeal was filed.

I only wish that the courts acted like this in all cases — superfast and efficient. I am intrigued about how in some cases, it takes months or even years. But in the above case, it only took several hours for a panel to be set up.

Why the double standard?


(Pic by Bernadsky / sxc.hu)
The person who steals a loaf of bread has to rot in jail for months before his or her case is even heard. The usual excuse is that there is a backlog of cases.

There are countless cases in the past where the maxim “justice delayed is justice denied” holds true, and each and every one of us either has a friend who has experienced this, or we have experienced it ourselves.

For example, the New Straits Times reported on 29 July 2008 in Rape accused gets third delay of appeal that a 78-year-old man was found guilty of raping a teenager and was sentenced to 12 years’ imprisonment in 1998. The offence was committed in 1992. The teenager was made pregnant by the rape and subsequently bore a child. The accused, however, appealed against his conviction and is currently out on bail.

As reported, this case took six years from the time the offence was committed to the accused being convicted. The accused’s appeal to the High Court took another two years, and his subsequent appeal to the Court of Appeal has still not been heard after eight years. The whole process has already taken 15 years and is still ongoing.

How long does a rape survivor have to wait for justice? And how come the Court of Appeal has time to hear Zambry’s case with superfast speed?

Are the courts and judges selective in hearing cases?

If there is such a tremendous backlog of cases in the lower courts, the Court of Appeal should lend some of its judges to the lower courts to help clear the backlog. Judging by the speed the appelate court judges took to set up the panel to hear Zambry’s case, they have much time on their hands and can help the lower courts to clear the backlog of cases.
 
RG Candiah

12 May 2009

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19 Responses to “Superfast Court of Appeal”

  1. ganesh says:

    This seems more like “justice reserved is justice denied”.

    In the courts of law in Malaysia looks like there is a fast-track for the rich and powerful.
    The rakyat is watching.

  2. Arion Yeow says:

    Justice for sale, discount on Perak.

  3. Right2Choose says:

    Enough of this nonsense. Just return the right to the people of Perak to decide who they want to govern them.

  4. Pratamad says:

    No, Zambry/Umno cannot wait for 15 years. Don’t be funny. Many more ‘satu lagi projek kerajaan Barisan Nasional’ signboards need to be erected.

  5. Din Haron says:

    We might have the best squash player in the world, at the same time we also have the most hopeless and useless judiciary in the world.

  6. Kalam Perak says:

    It is sad to see BN/Umno behave this way. No dignity and cowardly acts. I will surely not vote for them anymore. Long live democracy!

  7. Malaysian BOY says:

    Well, ini kan Malaysia … land of everything “boleh” … macam tak biasa pulak!

  8. Ritchie says:

    Something stinks like belacan from a clandestine shop somewhere in the deep jungle of the regime. Lightning speed, faster than a speeding proton, swifter than the swiftest silap mata. And I smell a dirty stinky rat below Putrajaya – korek, korek, korek … can you hear it?

  9. johnny soo says:

    Watch out BN. Rakyat are watching you. Your doom days are coming.

  10. ayermatahari says:

    Malaysia is Umno, Umno is Malaysia. This must not happen. Malaysia is Malaysians’. Look at how the police and FRU acted on Nizar this morning. Blocking entering the assembly house. Good thing it was Nizar, if Sivakumar or Ngeh, they would have dragged them out all the way.

  11. lizzie says:

    The court of appeal is providing superfast, VVIP service, so much so that they proceed to hear the case even though they only have one judge, when the normal is three on the bench.

  12. kahseng says:

    None other than the scandal-ridden, Attorney-General Abdul Gani Patail, linked to so many questionable court and police cases, was there to chaperon the whole appeal thing.

    If this is not a clue of dubious federal intervention in Perakians’ constitutional rights, I don’t know what is.

  13. rasman says:

    Syariah High Court Shah Alam Judge apologised to me and my wife for having to wait 10 years for the verdict and when my wife appealed the admin posted its letter late. The copy for my wife was wrongly addressed to a lawyer she had dismissed years earlier. Unbelievable but true. So, in terms of public administration also, anything goes in our beloved country.

  14. Ipoh_mali says:

    I challenge the BN to dissolve the DN and seek Perakians for a new mandate! I truly challenge.

  15. Boleh says:

    Malaysia boleh! Everything for a price.

  16. CY says:

    Justice in Bolehland very much depends on which side you are on. Someone is definitely more equal than others if you have control over the system.

  17. railcoop says:

    The whole episode is a sandiwara and people in the know should understand it. BN is showing that it has an ‘independent and clean’ judiciary. The next round will show the Appeals Court reinstating Datuk Nizar. Then we will see a scenario where Zambry calls for an emergency meeting of the assembly at the request of the Ruler. There a vote of no-confidence will throw Nizar out.

    Barisan gets the good name and creates a false sense of security in our minds that the judiciary is indeed very independent and does not ’tilt’.

    Oh. What suckers we will be in the end.

    We owe our children a decent future and we cannot see it except in a 2/3rd majority win for Pakatan Rakyat composed of people not of the likes of the two frogs who jumped ship from PKR.

  18. michael says:

    Isn’t this an abuse of the court process? Obviously, the case jumped the queue. This is an outright abuse of the system because the earlier cases following the queue will face a detriment.

    So, there will be a delay in other people’s legal cases.

    The Bar Council, what are you all doing about this? Don ‘t make so much of noise about other macro matters, these micro matters are as important.

    Wah, Malaysian court system can jump queue!

  19. Fikri Roslan says:

    Sdr Candiah,

    Why must you complain? I am also tired of this kind of complaining. Maybe we must be grateful to the actions by the judiciary. Do not have a negative feeling as if there is a double standard.


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