We need first class knowledgeable and qualified Judges.24/07/2007

Minister of Domestic Trade and Consumer Affairs has officially launched the Intellectual Property Courts in Malaysia on 17 July 2007. Another example of First world infrastructure and third world mentality: Malaysia Boleh!! We have followed the example of other countries in setting up the IP courts but "Do we have qualified specialised IP Judges to hear the IP cases whether at the High Court or the Sessions court?" IP Court is not like traffic court or immigration court or sessions court hearing ordinary criminal cases. Intellectual Property as the name suggests is very intellectual and very technical!! It therefore need Judges having specialised knowledge and expertise in IP matters to sit in IP courts. From the best of my knowledge there is no judicial officer who has specialised in IP law!! It is going to be a laughing stock!! Advise that officers who specialised in IP Law sit in these newly established IP courts. Otherwise we are going to have very funny and rediculing decisions coming from these courts. One needs to understand the whole subject matter of IP and not just pretend to know IP Law. IP Law requires at least one year full time study in order to appreciate it fully. Short term half baked courses shall only produce half baked IP judges!! We must not compromise with the quality of IP courts if the Government is serious with IP courts. We must have first class knowledgeable and qualified IP Judges with the necessary expertise and mentality in order to operate the First class IP court infrastucture. The CJ’s term is expiring soon in October 2007 and if there is an extension until Mac 2008. There is already a lot of lobbying going on for the post of CJ within the Judiciary. Of course the outgoing CJ will no doubt nominate his "close friend" for the post. The name Hashim Yusof is already making its rounds, as the present CJ’s choice. The Government must be very careful in the appointment of the new CJ. It must scrutinize the person carefully. The future CJ must have a sterling record. He must excell in his law. He must not have outstanding decisions ie no backlog of cases. He must have produce excellant judgements which must have been reported in the local law journals. Are there any reported decisions of the proposed CJ? Further audit must also be made of the proposed CJ’s "friends". Does he have very many corporate friends? A CJ must be seen to be very independent. He must not be a yes man of interested parties. Does Hashim fit this bill?? On the other hand we have very seasoned and well respected judges like Allauddin and Arifin Zakaria. They have produced excellant judgements. Their movements also cannot be questioned. Their lifes are lifes of law. Are they more befitting candidates compared to candidates who are liked by the CJ because they praise the present CJ endlessly. Surely the present CJ who is very very comfortable in his post would propose someone who praises him always and who angkat him. The PM must be adviced to act very judiciously in the appointment of the future CJ.

POSTED BY kula ON 07.24.07 @ 7:30 am |

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The role and integrity of the CJ has always been questioned since the sacking of Tun Salleh Abas. The post-Tun Salleh Abas era has either always been the “Yes Man” of UMNO or has some “vested interest” of a personality in order to gain promotion. Either way, the concept of Separation Of Power is dead since the unfortunate event in 1988.

And did non-Malay capable and senior judges ever hold the position of CJ? The answer is a definite “NO”. Is the NEP behind it in the appointment of CJ? Could be. As far as I am concerned, the criteria for the appointment of CJ has always been hide in the name of secrecy.

Comment by Jim — July 24, 2007 @ 8:47 am

MI6 is looking for you for exposing Gareth Api Richards. Make the necessary precaution.

Comment by Rory Hedon — August 4, 2007 @ 9:34 am

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