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Sunday, September 22, 2019

Tag: discretion

Lawyer: Najib’s RM3.5 mil bail amount is no cause for complaint

Sessions Court judge Azura Alwi used her discretion judiciously in not imposing additional conditions against the former PM for him to remain free, says N Sivananthan.

Apex court to magistrates: Be judicious in granting remand orders

The court cannot dictate how police carry out their investigations but, at the same time, it cannot be oblivious to the many horror stories and allegations of police abuse, says the Federal Court.

Court dismisses Maria Chin’s travel ban appeal

Court of Appeal takes the stand that the matter has become academic and there is no travesty of justice as the ban on Maria has been lifted.

Bar fails to compel chief judge to advise king to appoint...

Federal Court says it has no constitutional right to direct the chief judge of Malaya to use his discretion to advise the king to appoint retired judges to decide on the appointments of Raus Sharif and Zulkefli Ahmad Makinudin.

Don’t hang me yet, wait for law amendments, Iranian tells court

Condemned former kick-boxing coach wants court to suspend death penalty as he may benefit if Parliament approves amendments doing away with mandatory death penalty for drug trafficking.

Court misses chance to review AG’s power, says ex-Bar president

In other Commonwealth countries, such as Singapore, the court has declared that the prosecutorial power of the AG can be reviewed, says Steven Thiru.

Bar, Zaid, Khairuddin lose case against AG ‘failing to prosecute’ Najib

Chief Justice Raus Sharif says attorney-general’s prosecutorial power cannot be questioned, and that it is not only good law but good policy, too.

Government can bar anyone from travelling abroad, Court of Appeal rules

Three-man bench also rules that Petaling Jaya Utara MP Tony Pua has no right to be heard and that the Immigration department director-general is not required to give any reason for imposing such a ban.

One-day jail sentence is fine if circumstances call for it, says...

Retired Federal Court judge Gopal Sri Ram says the facts and circumstances of each case differ and judges must be given the latitude to impose a token custodial sentence.

Court powerless to stop travel ban imposed by government

Section 59A of the Immigration Act prevents aggrieved citizens the right to judicial review in such matters, says justice Nik Hasmat Nik Mohamad, in dismissing suit by Maria Chin Abdullah.

Judge: AG’s prosecutorial powers cannot be questioned in court

Justice Hanipah Farikullah, however, says the AG is expected to act honestly and without fear or favour.