Judicial 'Blackeye" For Attorney-General (A-G)'s Chambers
In one of those increasingly rare instances of judicial courage the Court of Appeal ticked off the AG's Chambers. Read the full report.
The Court of Appeal today (June 12, 2006) rapped the Attorney-General (A-G)'s Chambers for the delay in filing its appeal against a High Court ruling that the 43-day detention and banishment order on a MCA youth leader cum businessman was null and void.
"If there was a delay, then there must be good reasons. There are more than 200 officers in the AG's Chambers but you (Senior federal counsel Najib Zakaria) cannot file the appeal in time?
"Before the eyes of the law, the government is just another litigant. Are you so special?" said Justice Datuk Gopal Sri Ram.
Justices Sri Ram, Datuk Hashim Yusoff and Datuk James Foong then unanimously held that there was no merit in the application as the Internal Security Ministry had not given good reasons for the four months' delay.
High Court judge Datuk Raus Sharif on Dec 6, 2005, allowed the application by former Labuan MCA Youth head Kiong Ping Moon@Kong Pin Sen challenging his arrest, detention and the restricted residence imposed on him. Raus declared that the order issued by former deputy internal security minister Datuk Noh Omar for his detention was wrong in law, null and void.
Najib submitted that the delay in filing the notice of appeal was due to the shortage of officers in his office which was overloaded with more than 600 applications in habeas corpus and civil suits.
Counsel Eddy Kwang replied that the delay had given his client a legitimate expectation that the matter was finally over, and that there was no merit in the application. Kiong, a director of several companies including Labuan Ferry Corporation Sdn Bhd, Labuan Printing Sdn Bhd, LB Maju Motor (M) Sdn Bhd and Jernih Equity Sdn Bhd, was detained in a raid on his office at 4.05pm on March 30, 2004, for alleged involvement in immoral activities. At 6.30pm the same day, he was sent to the Kepayan Prison in Kota Kinabalu for detention and after 43 days, was flown to Kuala Berang in Terengganu to be placed under restricted residence for three years.
On June 8, 2005, he instructed his lawyer to challenge his banishment in the High Court claiming that his detention was unlawful and had caused him to lose his freedom and suffer anguish. On March 8, 2006, he filed a RM120 million civil suit against Noh and former deputy home minister Datuk Zainal Abidin Zin and five others over his unlawful detention for the 43 days and three-year banishment. (The Sun)
****** This should serve as a good lesson to the AG's Chambers and all government departments that, in the word of the learned judge you are not special and will be subjected to the same rules and given the same treatment as everyone else.
The Court of Appeal today (June 12, 2006) rapped the Attorney-General (A-G)'s Chambers for the delay in filing its appeal against a High Court ruling that the 43-day detention and banishment order on a MCA youth leader cum businessman was null and void.
"If there was a delay, then there must be good reasons. There are more than 200 officers in the AG's Chambers but you (Senior federal counsel Najib Zakaria) cannot file the appeal in time?
"Before the eyes of the law, the government is just another litigant. Are you so special?" said Justice Datuk Gopal Sri Ram.
Justices Sri Ram, Datuk Hashim Yusoff and Datuk James Foong then unanimously held that there was no merit in the application as the Internal Security Ministry had not given good reasons for the four months' delay.
High Court judge Datuk Raus Sharif on Dec 6, 2005, allowed the application by former Labuan MCA Youth head Kiong Ping Moon@Kong Pin Sen challenging his arrest, detention and the restricted residence imposed on him. Raus declared that the order issued by former deputy internal security minister Datuk Noh Omar for his detention was wrong in law, null and void.
Najib submitted that the delay in filing the notice of appeal was due to the shortage of officers in his office which was overloaded with more than 600 applications in habeas corpus and civil suits.
Counsel Eddy Kwang replied that the delay had given his client a legitimate expectation that the matter was finally over, and that there was no merit in the application. Kiong, a director of several companies including Labuan Ferry Corporation Sdn Bhd, Labuan Printing Sdn Bhd, LB Maju Motor (M) Sdn Bhd and Jernih Equity Sdn Bhd, was detained in a raid on his office at 4.05pm on March 30, 2004, for alleged involvement in immoral activities. At 6.30pm the same day, he was sent to the Kepayan Prison in Kota Kinabalu for detention and after 43 days, was flown to Kuala Berang in Terengganu to be placed under restricted residence for three years.
On June 8, 2005, he instructed his lawyer to challenge his banishment in the High Court claiming that his detention was unlawful and had caused him to lose his freedom and suffer anguish. On March 8, 2006, he filed a RM120 million civil suit against Noh and former deputy home minister Datuk Zainal Abidin Zin and five others over his unlawful detention for the 43 days and three-year banishment. (The Sun)
****** This should serve as a good lesson to the AG's Chambers and all government departments that, in the word of the learned judge you are not special and will be subjected to the same rules and given the same treatment as everyone else.
posted by The Malaysian. at 6/13/2006 01:58:00 PM
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