Was Malaysian Judgment Plagiarised ?

It was reported in the Star Newspaper on Tuesday 21st February 2012 that lawyers V.K. Lingam & Co did on the 13th February 2012 file an application seeking an order to re-hear two appeals by a new panel of Federal Court judges in the case involving KJCF claiming that the judgment contained fifty paragraphs which were plagiarised form an earlier judgment. A full report is available to read at the newspapers link below:

http://thestar.com.my/news/story.asp?file=/2012/2/21/courts/10771810&sec=courts

We have not seen the judgment in question or the earlier judgment on which it has been claimed the judge plagiarised his judgment from, however the story does raise some interesting questions. It may be that the Judge leading the panel did reproduced some of the earlier judgement after finding that he concurred with it, but it appears that by doing so he may have omitted to consider the written submissions submitted in July 2011 according to the news article. In doing so the lawyer is putting forward the argument that ‘the minds of the judges were closed to a fair and impartial consideration of the applicants’ case and demonstrates no reasoning process by the Bench.’

In the event that it is demonstrated that the Judgment is indeed an amended version of the earlier judgment and fails to take account of any new evidence or submissions it is clearly wrong and risks seriously weaken the public’s perception of the Judicial system.

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