This post talks about some basic legal information in Malaysia. Here are some of the basic knowledge you should know.
In 1998, adjudication was introduced in the United Kingdom under legislation allowing either party to sign a construction contract to request the services of an adjudicator. Within 28 days, an adjudicator makes a binding decision, and the Courts have readily to enforce those decisions. Other jurisdictions, such as in New Zealand, Australia, and Singapore, have implemented similar procedures. Malaysia is the most recent country to implement adjudication. Adjudication can resolve issues such as delay and disruption claims.
Regarding the independence of the judiciary in Malaysia, particularly in relation to civil courts following a police report lodged by the Chief Justice regarding a brief message that state court judgments were ‘manageable’ by certain parties in a case. This is a case example that the author points out as an issue with jurisdiction in Malaysia. The author did not want to talk more about this topic nor discuss it. However, the author would like to note that jurisdiction is another separate body and field with politics and governing body.
What I want to clarify is the independence of the judiciary which is the axis of justice and fairness for the society. Judges must be fair and square. Judge(s) must make fair judgment. They should not be influenced by anyone, anybody or any executive or anybody in making decisions. It is important as a decision would change someone’s life.
In fact, the judge also cannot be influenced even by the governing body. Government is a separate body than the jurisdiction. After that, the judge cannot be influenced by the lawyer as well. The judge must be making the decision by the submissions of evidence presented by the lawyer. It is an etiquette. A judge can withdraw from judging a case if he/she is not comfortable with the current lawyer.
Every judge should remain independent in making a decision. A judge should make any decision without any pressure from any internal or external parties of the courtroom.
There is an issue called conflict of interest if the judge and the current lawyer are entangled or in complicated matters. Even if they know each other, it could jeopardize the whole case.
For a lawyer, it is natural to win and lose in court. It is a case. You have to defend your client as they are entitled for human basic rights. A lawyer’s job is to argue his client’s case in court. It is the court that makes its judgment based on legal principles. Choose the right adjudication panel in Malaysia.
Prosecution is between two cases; big cases and small cases. Any judge should not be intimate with the public or people let alone the accused or judge in a case.
Here are some of the reading that author would like to recommend for some reading:
- Nick Gould titled Adjudication in Malaysia
- Thomson Reuters: Practical Law titled Adjudication: a quick guide to starting an adjudication