By Martin Jalleh
When the respected retired judge N H Chan called certain judges in the appellate courts “imposters”, “intellectual and legal frauds”, “incompetent”, “inane”, “ignoramuses”, “inconsistent” and even an “idiotic” bunch, little did he realise that he was being very mild.
Now it has come to the public’s notice that crouching amongst the growing company of judicial clowns and court jesters in the Palace of Justice is a copycat judge who allegedly plagiarised chunks of a judgment of another judge – in a copyright infringement case!
Former Law Minister Rais Yatim has confirmed that the government had known about the plagiarising judge, but Rais tries to take the rakyat for a ride by blaming it all on the then Chief Justice (CJ), and that it was left to the latter to investigate and to take appropriate action.
Copycat out of the bag
Recently, veteran lawyer Karpal Singh, with the support of close to 60 Pakatan Rakyat MPs, submitted a motion to the office of the Parliament speaker against Justice Abdul Malik Ishak, to have him placed before a tribunal and be removed.
While serving as a High Court judge in Johor in early 2000 Abdul Malik had allegedly committed the offence of plagiarising a judgment by then Singapore High Court judge GP Selvam and the irony of the matter was that Malik was hearing a case regarding copyright infringement.
Malaysiakini highlighted two news reports in Singapore's Straits Times -- 8 March and 13 April, 2000 which were referred to by Karpal Singh. The newspaper quoted then CJ Eusoff Chin as having written to his Singapore counterpart, Justice Yong Pung How, asking for more information on the allegation of plagiarism.
A month later, Eusoff told journalists that the matter was resolved and that it had arisen out of a "misunderstanding". He however did not elaborate. (By the way, this is the same CJ, whom a former CJ Mohamed Dzaiddin Abdullah had described as one who “kept lying to him” when the latter was a Federal Court judge and Eusoff was his boss! (Star, 30 Jan. 2008).
The Straits Times also reported that Rais Yatim had promised an investigation. Rais was ridiculous enough as to add that it was not easy to establish plagiarism because it was normal for judges to quote one another extensively and that: "Quoting another judge is not plagiarism."
The Straits Times report of 8 March, 2000 reduced Rais’ “rescue bid” of the judge to pure rubbish when it quoted the former Singapore judge (Selvam) accusing the Malaysian judge of having obtained a copy of his (Selvam's) judgment through a lawyer and "having copied chunks from me without acknowledging". (Rais sat on the case for four long years and did nothing about it!)
Selvam was also quoted to have said the Malaysian judge backdated his judgment so that people "will think I copied from him!" The naked truth appears each time Rais speaks through his rear end.
After the Singapore judiciary got the cat out of the bag, the copycat was transferred out of Johor Baru and kept in cold-storage for a while. Seven years later the plagiariser would be promoted to the Court of Appeal (16 July, 2007)! This can only happen in Bolehland!
Karpal Singh has described (on several online news portals) Malik’s alleged plagiarising as a “judicial scandal”, “misconduct of a very serious nature”, “a source of embarrassment for our judiciary” and one that warrants “stern disciplinary action” by a Royal Tribunal.
Will Justice Abdul Malik Ishak have enough honour left to resign on his own accord? Is there any remaining sense of decency and self-respect in him to acknowledge and accept the fact that his position as a judge has become clearly untenable.
Will the Chief Justice save the judiciary and the country from further embarrassment or has the judiciary entirely lost its sense of shame and the CJ prefers to continue in his elegant silence?
Meanwhile, taking the easy way out like Rais, Minister in the PM’s Department Nazri Abdul Aziz said the government could not take action against Abdul Malik as it was a matter for the current judiciary to settle.
Asked why the judiciary had not censured Abdul Malik until now, he said: “I don’t know, you have to ask them.” Strange, coming from a man who had once proudly and loudly declared himself as the “Minister for the Chief Justice”!
Malik’s other “achievements”
On 5 Oct. 2011, the Federal Court allowed Anwar Ibrahim's application to expunge portions of a written judgment made by Malik on 6 July in the Court of Appeal related to the Sodomy II trial, that were deemed disparaging of the politician and his lawyers.
Karpal Singh (Anwar’s lawyer) complained to the judges that Malik had "without jurisdiction and for an apparent purpose invoked a non-existent jurisdiction to maliciously and scurrilously (go into the merits and) embark on a relentless attack on Anwar and the lawyers (in the written judgment)".
"This amounts to judicial assassination of the worst kind ... (and) to make matters worse, the appellant and the lawyers were not given an opportunity to defend ourselves... as the appellate court had allowed the preliminary objection.
“The remarks were uncalled for and put the Judiciary in bad light. If the case was allowed to be heard on its merits, we (would have been) prepared to defend ourselves. However, we were not allowed to do so as the court allowed the preliminary objection."
Karpal also questioned as to how Malik produced the written 40-page judgment on the day the appeal was heard at the Court of Appeal. Various law journals had reported that the judgment was produced on 6 July, but lawyers for Anwar only received it on 15 Aug.
Malik had also scurrilously written: “This case will fall in history. It will be chronicled as the only known case in our country or for that matter within the Commonwealth enclave where the appellant as an accused person persistently and consistently filed one application after another in an attempt to recuse the learned trial judge from hearing and continuing to hear the sodomy trial which is ongoing.”
Very ironically, it is the case of Abdul Malik which will fall in history and be chronicled as the only known case in our country or for that matter within the Commonwealth enclave where the one found guilty of plagiarising in a copyright infringement case was the judge himself!
Comments (29)...
written by I like beer, October 15, 2011 10:59:18
This guy is due for a promotion.
The rule as laid down by Dr. Boleh says that anyone who is properly documented as tainted is a valuable asset and must be put in an important decision making position so that he can be a truly "obedient servant"
This rule have not been rescinded. ...
written by starflyer, October 15, 2011 10:47:12
now we know what criteria is needed to rise up in the judiciary ...
written by kal, October 15, 2011 10:08:07
HONESTLY, AS A LAYMAN, ITS JUST SIMPLY IMPOSSIBLE IN OUR COUNTRY TO FIND HONOURABLE JUDGES AND TRUST WORTHY LAWYERS. LOOK AT THE CASES INTRODUCED BASE ON NEGOTIATIONS WHERE ARE THE JUSTICES. RIGHT BECOME WRONG, WRONG BECOME RIGHT. JUST TO CYCLE THE CASES SO THE DRAIN THE PUBLIC MONEY OUT RIGHT. JUST FOR SIMPLE CASES, ARE MADE TO APPEAL TO PUTRAJAYA COURT OF APPEAL FOR JUDGEMENTS !!! ALL BECAUSE LEGAL CORRUPTED MINDSETS RULES THE DAY. ...
written by roaringhuang, October 15, 2011 09:34:08
Congratulation to our "EXCLUSIVE" judge being chronicled in the legal history of Commonwealth....
written by hariharan, October 15, 2011 08:41:31
The matter would closed if he apologised to the other judge and rewrite his judgement for record purposes by quoating the name of Judge in reference.Simple as that.But he didnot do it or not ordered to do it? Shame
written by FreeAsian, October 15, 2011 07:57:57
Only in Malaysia can these despicable people continue to sit as judges! Hope they don't copy Sodomy 1 judgments to use for Sodomy 2. .
written by Bonker United, October 15, 2011 07:39:19 Plagiarisim in school exams must be legalized too !...
written by hariharan, October 15, 2011 07:37:20 This one of numerous incidents under Tun.Our Tun has fail his duty to the nation. ...
written by educationist, October 15, 2011 07:04:03 Like the AG, this so called judge will just sit pretty for he's part of the UMNOputra judicial circus!!
Yes, if he has any decency and moral fibre he will have resigned when the scandal broke in 2011!! ...
written by Jibby the Head, your C4 Friendly $upreme AiyahDollar 1Leader, October 15, 2011 06:49:13 Read lah My Oafs 1My Qur'4n swearing pink pouting lip$
1. To ciken Rais, this is another academic exercise. So don't lah, worry. It doesn't matter whether it is Ciken Rais or not as long as he says "yes" all the time.
2. 90% of our judges are the best that money can buy and promoted on that basis.
3. Plagiarisim is just another efficient way of saving time and making our court $y$tem more efficient in ikuting UMNO's directives, apa salah 'tu?
4. Better than no court and no judgements, most of our judges don't know this infidel foriegn kafir brutish language they have to write and read with. They all have enough problems in baha$a...
So $emua-nya OK, as long as the Singies don't demand royalties for the copyright.... then the good judge will have to pay out of his own pocket, not me nor Ro$mak. ...
written by Singa Porah, October 15, 2011 06:11:42 Keropok !!! Kelepek !!! ...
written by Hariharan, October 15, 2011 06:00:46
Lembu punya susu,sapi dapat nama.
Since he was promoted . ...
written by casperclc, October 15, 2011 04:39:24
Never before ..... , unprecedented ..... - DAMN - just can't find the words !
The foolishness of this Abdol Malik watisname escaped the public eye for almost a decade and I wonder when exactly our government and members of the judiciary caught wind of this whooper of a scandal ?
The question is important because through those years, his peers saw fit to elevate him and right now this Dol is occupying a seat on the Court of Appeal. Promotion of a judge depends on vacancy and is down to the recommendation of the Chief Justice and without any qualms, sign off by the government. Or was this oversight such a well kept secret that nobody knew ?
Further on, did someone know but turned a blind eye and we the public are left with a Judiciary in knots, its reputation in tatters - what with questionable appointments - not forgetting entire court for sale(Justice Mokhtar Sidin) and going by Lingam's *ex-Girl Friday, write your own judgment on behalf of sitting judge.
* When interviewed by the ACA about the incident, that was later introduce as 'fact' during Lingam's inquest, she later recalled an envelope being thrust towards her at the end of her Q&A with the ACA - an envelope containing hard currency of some RM$3000 or RM$4000 (I can't remember which).
That must take the cake huh !!!!
We often say Kangaroo Court but our selection of judges comprise of monkeys - all BLOODY MONYET's - who come in various sizes, some more stupid than the other, many undeserving of the seat they occupy while deserving one's are often in cold storage.
Wonder how the legal fraternity is going to salvage this latest embarrassment ? How is this UMNO garbage of a gahmen going to deal with the "criminal" act of this ABDUL MALIK ISHAK, with that smug look on his face as pictured above - really makes me want to take a broom to wipe that grin off his face - BLOODY EMPTY HEADED SHIT FOR BRAINS MONYET. ...
written by TSB, October 15, 2011 01:23:22
At least this judge Abdul Malik is quite a hardworking judge in Malaysia than many judges not even bother to copy other people's work. They are sooooo lazy. ...
written by singhkris, October 15, 2011 00:20:35
Is he judge educated under the NEP system where marks were lowered to allow bumis to pass? ...
written by ygbenor, October 14, 2011 23:47:53
Malaysia is DOOMed as long as BN/ UMNO holds power. GE13 kick them into the gutter that is the only way to bring back some sense to the country....
written by ilham said, October 14, 2011 23:47:42
Alamak ...Copy and Paste lagi!!! BTNs graduate lah......typical huh... ...
written by Cynic, October 14, 2011 23:33:23
They need judges like these with dubious abilities and integrity. Such people will be willing to do anything you ask as long as you protect them.
Members of the judiciary knows which side of their bread is buttered. If they are kicked out of the service they are not going to find any other job opportunities in Malaysia. Migrate? Maybe they can find a job as door janitor because I doubt any foreign respectable legal service will give even the time of the day to any of our judges, let alone allow them to practise there. ...
written by Clown, October 14, 2011 22:35:47
These clowns got no dignity. How can they resign..no bola or no soul ...
written by umno is going down, October 14, 2011 22:33:41
good example for malaysian students
now lawful in malaysia to copy other's work
if a High Court judge at the highest level of law and order is not punished or even condemned on copying
why should a student be punished copying?
thanks to the High Court,
school students can now cite this case as a precedent for authority that its okay to cheat ...
written by dingdong, October 14, 2011 22:18:23
Just look at his c**kface ...
written by eloofk, October 14, 2011 21:43:43
When a judge's integrity is questionable, how can he judge others with his own tainted integrity being judged??? ...
written by Burung Puchong, October 14, 2011 21:42:53
Ridhuan Tee Abdullah committed plagiarism in his university, but no action was taken. He has just been promoted to Associate Professor. Don't believe me, go and ask his colleagues at his university to hear the horror story. ...
written by HamChak, October 14, 2011 21:26:20
Aiyaa, what is not HalfPastSix in BolehLand?
Semua HalfPastSix, starting from that PariahMaMakThief.
PeeM HalfPastSix
Menteri HalfPastSix
PIG (Police Inspector General) HalfPastSix
Chief Judge HalfPastSix
Most of the Judges Also HalfPastSixes
Vice Chacellors in Universities HalfPastSixes.
School Principals also HalfPastSixes
Tell me lah, what is not HalfPastSix in this RACIST CanLand???? ...
written by A7thiru, October 14, 2011 20:54:10
Disgusting - these are the doings of that Mamakthir - who plundered and destroyed the nation with his rule of corruption, discrimination and incompetency in everything - you name it. ...
written by cheekhiaw, October 14, 2011 20:29:49
In dispensing justice also they steal... ...
written by Fart Fart Wah, October 14, 2011 20:24:14
copycat judges
copycat professors
copycat politicians who use sodomy
....you name it...nothing original..intellectually empty.
and a judge...still a judge?? supposed to be impeccable.
boot him out...or he will bonk next with the AG in the chambers. He insults Islam..if he is given the HUDUD.authority.Muslims will go to the dogs ...
written by ramsey, October 14, 2011 20:14:13
another CHEAP product of university of btn ranked? 50001 in the world ...
written by sabo a/l taj, October 14, 2011 17:30:25
No action taken because they can hold his balls. Look how he treated DSAI. Check other rogue judges who might have skeletons hidden somewhere.
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