More ridicules judgement from Judges in Malaysia!

Judge throws out Anwar's defamation suit against Mahathir because it was written in English and not BM! However the bias judgement was written in delivered in ENGLISH!! DAMN!!

So Anwar appeals against this! But...

In delivering the ruling today (24 Nov), the Federal Court dismissed Anwar Ibrahim's preliminary objection to a Court of Appeal judgment over a defamation suit he had filed in 2006 against Dr Mahathir Mohamad because it was in English.

The appellate court judgment was however written in English.

Chief Judge of Malaya Justice Arifin Zakaria (left)said this morning that the grounds of judgment do not constitute part of a judgment.

Judges have wide discretion to write their grounds of judgment either in the national language Bahasa Malaysia or English.

Quoting the Law Lexicon, he said the reasons for judgment are not themselves judgments though they may furnish the court's reasons for the decision and thus form a precedent.

“Thus it is clear that 'judgment' must be distinguished from 'reasons for judgment' or what we commonly refer to as grounds of judgment,” he said.

He nonetheless declared that the court views seriously the use of the national language in courts.

Justice Arifin also cited a 1990 circular by former Chief Judge of Malaya, Justice Hashim Yeop Sani, directing judges and judicial commissioners of the High Courts, Session Courts and Magistrate's Courts to submit to him at least one written grounds of judgment in the national language each month.

This was to identify problems arising out of the implementation of the use of the national language in courts.

“This circular reinforces our view that judges indeed have a discretion to deliver the grounds of judgment either in the national language or the English language,” said Justice Arifin.

“For the above reasons we hold that it is not contrary to Article 152 (of the federal constitution) and Section 8 of the National Language Act.”

Following the decision - which led to the appeal being struck out - Arifin ordered Anwar to pay costs of RM70,000, although Mahathir's lawyer VK Lingam had applied for RM100,000.

Lingam said he had to prepare more than 6,000 pages of documentation with two other lawyers.

He further said a benchmark must be set for leave applications in Federal Court cases, citing a decision where the apex court had agreed to award RM100,000. Karpal asked for costs be set at RM20,000.

Anwar appeared resentful of the decision.

"He (Lingam) is a multi-millionaire. I lost the case. He is Mahathir's lawyer, so how can we win?" he said outside the court room.

His lawyer Karpal Singh said he would consider filing a review.

Arifin led a three-member panel also comprising Federal Court judge Justice James Foong and Court of Appeal judge Justice Suriyadi Halim Omar.

Constitutional issue

Karpal had raised a novel constitutional issue at the apex court on Sept 27, when he said all written judgments should be in Bahasa Malaysia.

This was in the preliminary objection after the Court of Appeal dismissed Anwar's appeal last December on the grounds that it was not submitted in the national language. Ironically, the court's judgment itself was rendered in English.

Karpal then asked the apex court to compel the Court of Appeal to write its judgment in Bahasa Malaysia, after which Anwar's appeal application could proceed.

“Most of the written judgments in civil or criminal cases are in English at all levels of the court,” he said.

“Hence, this brings into question the validity in the jurisdiction of all those judgments which are written in English.”

Karpal said Section 8 of the National Language Act states that all proceedings (other than the giving of evidence) in the Federal Court, Court of Appeal, the High Court or any subordinate court shall be in the national language.

“This provision also applies to judges, as this does not provide them with the exception of writing judgments in English,” he said.

Section 8 also says the court may either of its own motion or on the application of any party to any proceedings - and after considering the interests of justice in those proceedings - order that the proceedings (other than the giving of evidence by a witness) shall be partly in the national language and partly in the English language.

The lawyer was attempting to turn the tables on Court of Appeal judge, Justice Abdul Malik Ishak, who in dismissing Anwar's appeal, had said all court documents must be in the national language because the supremacy of Bahasa Malaysia is enshrined in the federal constitution.

Justice Malik, who ironically wrote the judgment in English, said Article 152 of the constitution, read together with the National Language Act, states that all proceedings other than the giving of evidence shall be in the national language.

Mostly taken from Malaysiakini