How far should lawyers go to win a case? And how long should judges refuse to sanction counsel’s egregious conduct? Advocates and solicitors ( ‘lawyer’ and ‘counsel’ are used interchangeably) always must exhibit the highest level of professional conduct. They must always uphold the dignity of the profession and the interest of justice. Towards opposing counsel they ...
Read More
Could we eliminate electoral fraud by improving election laws?
Could we eliminate electoral fraud by improving election laws? An election petition is a difficult thing. The law has ring-fenced it with several impenetrable technical rules. Combating electoral corruption under the current, antiquated laws is impossible. After the results of the 13th General elections results were announced on 5 March 2013, I was asked, with a dozen others, ...
Read More
On the horns of a dilemma – will the Federal Court judges recuse themselves?
An unusual thing happened at the Federal Court on August 6, 2018. There is a history to this. You know it well. It concerns a company called 1MDB and the ex-PM Najib Razak. On March 23, 2016, Mahathir sued the then PM Najib Razak for ‘misfeasance in public office’. The High Court struck out the suit. ...
Read More
How is the delivery of Justice to the nation to be eased? Everyone complains. Suppose someone could say something helpful, for once? Would you heed it?
Read More
Why are we mollycoddling our public figures?
Why are we mollycoddling our public figures? There is a weapon far deadlier than a nuclear bomb. Words are the most powerful weapons in all the world. So much so that a cautionary note penned in 1885 reads: - ‘Every word is endowed with a spirit … One word may be likened unto fire, another unto light, and ...
Read More
Who said the Prime Minister is not a public officer?
Who said the Prime Minister is not a public officer? Two separate panels of the Court of Appeal did. One panel heard Mahathir’s appeal. It delivered its decision in April of this year. The second panel of the Court of Appeal heard Tony Pua’s appeal and delivered its decision last week. Both Mahathir and Tony Pua had sued ...
Read More