Judicial Appointments Commission

JUDICIAL APPOINTMENTS COMMISSION

ANNUAL REPORT

JUDICIAL APPOINTMENTS COMMISSION Level 5, North Block, Istana Kehakiman, Precinct 3, Federal Government Administration Centre, 62506 Putrajaya +603.8880.3545 / 3546 +603.8880 3549 JUDICIAL APPOINTMENTS COMMISSION www.jac.gov.mywww.jac.gov.my

www.jac.gov.my JUDICIAL APPOINTMENTS COMMISSION

Page 3 Message From The Chairman 7 Introduction

8 · Background

9 · Members of the Commission 2012

11 Meetings and Selection

12 · Meetings of the Judicial Appointments Commission

13 · How Selections Are Made

15 Appointment of Superior Court Judges 2012

19 Court Visits by Members of the Commission

20 · Visit to the Ipoh Court

23 · Visit to the Kuala Terengganu Court

25 · Visit to the Kota Kinabalu Court

29 Training of Superior Court Judges

33 Brief Reports on Training Programmes

34 Courses Conducted by Senior Judges

35 (i) How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952 Series 1 38 (ii) Injunctions 42 (iii) Admissibility of Evidence in a Civil Trial 46 (iv) Election Petition: Challenging Election Result 50 (v) How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952 Series 2 54 (vi) Judicial Review and Appellate Intervention

58 Seminars and Workshops by Foreign Lecturers

59 (i) Workshop on Implementing the International Framework for Court Excellence 61 (ii) Talk on Competition Law Seminar 63 (iii) Court Annexed Mediation Programme: Shortcomings and Future Developments

65 Judicial Outreach Programmes

66 (i) Judicial Outreach Programme Series 1/2012 in Taman Negara, Kuala Tahan, Jerantut, Pahang 68 (ii) Judicial Outreach Programme Series 2/2012 in Cameron Highlands, Pahang 71 (iii) Judicial Outreach Programme Series 3/2012 in Kinabalu National Park, Kundasang, Sabah

75 Office of the Secretary, Judicial Appointments Commission 76 · Office of the Secretary 77 · Restructuring of the Organisational Structure 78 · Financial Allocation 79 Note CONTENTS

2 ANNUAL REPORT 2012 MESSAGEFROM THE CHAIRMAN JUDICIAL APPOINTMENTS COMMISSION

MESSAGE FROM THE CHAIRMAN

Assalamu’alaikum warahmatullahi wabarakatuh and salam sejahtera.

The establishment of the Judicial Appointments Commission in 2009 signified a positive reform in the Malaysian judiciary not only in relation to the appointment of the superior court judges but more importantly in the administration of justice.

Although the Commission is still relatively new, it has in no small measure contributed to the improvement of the Malaysian judiciary in many ways, namely: (1) in the appointment and promotion of judges; (2) the training of judges; (3) judges’ welfare, remuneration and other benefits; and (4) in enhancing the independence of judiciary.

With the establishment of the Commission, judges are now selected through a transparent process based on merit as provided for under the Act and the evaluation criteria as determined by the Commission.

As a result of the new selection process, promotion of judges is now based not entirely on seniority, as in the past, but more on their performance and merit. This, we hope, will instill the public’s confidence in the judiciary.

The year 2012 had been an eventful year for the Commission. The Judicial Academy which was established in late 2011 had commenced the training programme for judges in 2012. A total of 10 courses and seminars were conducted by the Judicial Academy involving both foreign and local trainers. Among the topics covered were Criminal Law, Commercial Law, Competition Law, Election Petition and Court-annexed mediation. So far, the feedback from the judges who have participated in these courses have been most encouraging.

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As part of the team building effort among judges, the Commission had embarked on the outreach programme. The first being, the trip to Taman Negara at Kuala Tahan, Pahang, followed by Cameron Highlands, Pahang and the National Park in Kundasang, Sabah. These programmes had brought judges close to nature and helped to instill awareness of the environment and wildlife, and the need for their conservation.

All these efforts and initiatives that have been undertaken by the Commission, have contributed to the improvement of the judiciary and further enhance its image and integrity.

Finally, I wish to express my gratitude to all officers and staff of the Office of the Secretary of the Judicial Appointments Commission, particularly Datuk Hamidah binti Khalid, the Secretary of the Commission, for her commitment and tireless effort to ensure the success of the Commission.

TUN ARIFIN BIN ZAKARIA

INTRODUCTION JUDICIAL APPOINTMENTS COMMISSION

BACKGROUND

The establishment of the Judicial Appointments Commission (JAC) is a step towards bringing change, strengthening and improving the Judiciary. It also fulfils the needs and aspirations of the people in seeing transparency and justice in the judicial system of the country. Before the JAC, the transparency of the appointment process of superior court judges was often a matter of contention by many parties including the public, Non-Governmental Organisations (NGO) and the Bar Council.

The legislation with regard to the JAC was approved by Parliament on 23 December 2008 and is known as the Judicial Appointments Commission Act 2009 (Act 695) which was gazetted on 8 January 2009.

The process of appointment of superior court judges provided for in the Judicial Appointments Commission Act 2009 (Act 695) precedes the process of appointment under Article 122B of the Federal Constitution.

Under the Act, “judges of the superior courts” means judges of the High Court, Court of Appeal and Federal Court and shall include the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak. With the coming into force of the Judicial Appointments Commission (Amendment) Act 2010, the definition of judges of the superior courts also includes Judicial Commissioner.

In order to carry out its functions effectively, the Judicial Appointments Commission is assisted by YBhg. Datuk Hamidah binti Khalid as its Secretary and 13 officers and staff of varying grades.

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MEMBERS OF THE COMMISSION 2012

The Judicial Appointments Commission is made up of 9 members. Four (4) commissioners are appointed by tenure whereas five (5) others are appointed by the Prime Minister comprising a Federal Court judge and 4 eminent persons who are not members of the executive or other public service.

Members of the Judicial Appointments Commission 2012

From Left : The Hon. Tan Sri Dato’ Abdull Hamid bin Embong, The Rt. Hon. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, The Rt. Hon. Tan Sri Md Raus bin Sharif, The Rt. Hon. Tun Arifin bin Zakaria, YABhg. Tun Dato’ Seri Abdul Hamid bin Haji Mohamad, YBhg. Tan Sri Dato’ Seri Ainum binti Mohamed Saaid, YBhg. Tan Sri Datuk Wira Dr. Lal Chand Vohrah, YBhg. Tan Sri Datuk Amar Steve Shim Lip Kiong, The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum and YBhg. Datuk Hamidah binti Khalid

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The members of the JAC are as follows:-

(i) Appointment by tenure

(a) The Rt. Hon. Tun Arifin bin Zakaria Chief Justice

(b) The Rt. Hon. Tan Sri Md Raus bin Sharif President of the Court of Appeal

(d) The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum Chief Judge of the High Court in Sabah and Sarawak

(ii) Appointment by Prime Minister

(a) The Hon. Tan Sri Dato’ Abdull Hamid bin Embong Federal Court Judge

(b) YABhg. Tun Dato’ Seri Abdul Hamid bin Haji Mohamad Former Chief Justice

(d) YBhg. Tan Sri Datuk Amar Steve Shim Lip Kiong Former Chief Judge of the High Court in Sabah and Sarawak

(e) YBhg. Tan Sri Datuk Wira Dr. Lal Chand Vohrah Former Judge of the International Criminal Tribunal

10 ANNUAL REPORT 2012 MEETINGS AND SELECTION JUDICIAL APPOINTMENTS COMMISSION

MEETINGS OF THE JUDICIAL APPOINTMENTS COMMISSION JAC meetings are held monthly as provided for under subsection 13(1) of the Judicial Appointments Commission Act 2009 (Act 695). Discussions include efforts to improve the judiciary and programmes to improve the performance of superior court judges.

The Meeting Schedule for the Year 2012

MONTH DATE TIME VENUE

January 27 January, Friday 3.00 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

February 24 February, Friday 3.00 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

March 15 March, Thursday 9.00 a.m Meeting Room, Ipoh High Court

April 13 April, Friday 3.00 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

May 10 May, Thursday 9.00 a.m Meeting Room, Kuala Terengganu High Court

June 29 June, Friday 3.00 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

July 20 July, Friday 10.00 a.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

August 16 August, Thursday 2.30 p.m Meeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

September 27 September, 3.00 p.m Meeting Room of the Chief Justice, Thursday Level 5, Istana Kehakiman, Putrajaya

October 18 October, 10.00 a.m Meeting Room of the Chief Justice, Thursday Level 5, Istana Kehakiman, Putrajaya

November 22 November, 3.00 p.m Meeting Room of the Chief Justice, Thursday Level 5, Istana Kehakiman, Putrajaya

December 13 December, 9.00 a.m Meeting Room, Kota Kinabalu High Court Thursday

If there is a need for appointing Judges of the Federal Court, Court of Appeal, High Court and Judicial Commissioners, a selection meeting is held after the monthly JAC meeting. After the selection meeting, a report signed by the Chairman of the JAC is submitted to the Prime Minister stating the names selected for appointment as superior court judges. This report is sent with a covering letter from the Chief Justice to the Prime Minister on the appointment of Judges of the Federal Court, Court of Appeal and High Court as provided in Article 122B of the Federal Constitution.

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HOW SELECTIONS ARE MADE

In 2012, candidates considered for appointment as Judges of the Federal Court, Court of Appeal and High Court comprised serving judges according to seniority. All the names of candidates are sent to the Royal Malaysian Police (RMP), Malaysian Anti-Corruption Commission (MACC), Companies Commission of Malaysia (CCM) and the Malaysian Department of Insolvency (MdI) for screening purposes. The Secretary to the JAC submits documents in relation to the performance of candidates to the Commissioners at least 3 days before a selection meeting is held. This gives the Commissioners ample time to assess the candidates based on the documents provided to them.

The JAC refers to a set of guidelines in determining the qualities an individual should possess for selection as a judge of the superior court. The guideline assists the JAC in carrying its function at a level of transparency as envisaged by legislation. The criteria are designed to ensure that candidates have the intellectual capacity, efficiency and personal qualities which would enable them to resolve disputes impartially and decide solely upon the facts of the case and the law. The Commissioners are provided with legal journals and reports as well as the grounds of judgment of those candidates being considered for selection as tools to assess a candidate’s ability in interpreting the law and whether or not decisions are made based on facts.

A candidate’s performance is discussed by the Commissioners during a selection meeting and this includes important aspects as the total number of cases disposed by a candidate within the stipulated time, the number of unwritten grounds of judgment exceeding 8 weeks after a decision is given and the number of judgments reported in the various law reports as well as legal analysis and discussion which is evident in the grounds of judgment.

When the Commissioners are satisfied and are in agreement with the names of candidates to be considered, a secret ballot is carried out to select from the list of names agreed upon. Candidates who receive the highest number of votes are selected and recommended to the Prime minister for appointment as judges of the Federal Court, Court of Appeal, High Court or Judicial Commissioner.

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APPOINTMENT OF SUPERIOR COURT JUDGES 2012 JUDICIAL APPOINTMENTS COMMISSION

APPOINTMENT OF SUPERIOR COURT JUDGES 2012

The list of Federal Court Judges, Court of Appeal Judges, High Court Judges and Judicial Commissioners appointed in the year 2012 is as follows:

The List of Judges Appointed in the Year 2012

Position Number Name of Judges Appointed

The Hon. Datin Paduka Zaleha binti Zahari

The Hon. Datuk Zainun binti Ali Federal Court Judge 4 The Hon. Datuk Seri Panglima Sulong Matjeraie

The Hon. Dato’ Jeffrey Tan Kok Wha

The Hon. Dato’ Abdul Aziz bin Abdul Rahim

The Hon. Datuk Lim Yee Lan Court of Appeal Judge 4 The Hon. Dato’ Mohamad Ariff bin Md. Yusof

The Hon. Dato’ Mah Weng Kwai

The Hon. Datuk Hasnah binti Dato’ Mohammed Hashim

The Hon. Tuan Harmindar Singh Dhaliwal

High Court Judge 5 The Hon. Puan Hadhariah binti Syed Ismail

The Hon. Puan Supang Lian

The Hon. Tuan Stephen Chung Hian Guan

The Hon. Datuk Abdul Karim bin Abdul Jalil

The Hon. Dato’ Hashim bin Hamzah Judicial Commissioner 5 The Hon. Datuk Wira Kamaludin bin Md. Said

The Hon. Datin Hajah Azizah binti Haji Nawawi

The Hon. Tuan Wong Chiang Kiat

Total 18

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Appointment of Federal Court Judges, Court of Appeal Judges and High Court Judges on 4 April 2012

From Left: The Hon. Puan Supang Lian, The Hon. Tuan Harmindar Singh Dhaliwal, The Hon. Datuk Lim Yee Lan, The Hon. Dato’ Jeffrey Tan Kok Wha, The Hon. Datuk Zainun binti Ali, The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum, The Rt. Hon. Tan Sri Md Raus bin Sharif, The Rt. Hon. Tun Arifin bin Zakaria, DYMM Seri Paduka Baginda Yang di-Pertuan Agong, YB Dato’ Seri Mohamed Nazri bin Abdul Aziz, The Rt. Hon. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, The Hon. Datin Paduka Zaleha binti Zahari, The Hon. Datuk Seri Panglima Sulong Matjeraie, The Hon. Dato’ Abdul Aziz bin Abdul Rahim, The Hon. Datuk Hasnah binti Dato’ Mohammed Hashim, The Hon. Puan Hadhariah binti Syed Ismail and The Hon. Tuan Stephen Chung Hian Guan.

Appointment of Court of Appeal Judges on 21 September 2012

From Left: YBhg. Datuk Hamidah binti Khalid, The Hon. Dato’ Mah Weng Kwai, The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum, The Rt. Hon. Tan Sri Md Raus bin Sharif, The Rt. Hon. Tun Arifin bin Zakaria, DYMM Seri Paduka Baginda Yang di-Pertuan Agong, YB Dato’ Seri Mohamed Nazri bin Abdul Aziz, The Rt. Hon. Tan Sri Dato’ Seri Zufkefli bin Ahmad Makinudin, The Hon. Dato’ Mohamad Ariff bin Md. Yusof and YBhg. Dato’ Hashim bin Hamzah.

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Appointment of Judicial Commissioners on 1 August 2012

The Hon. Datuk Abdul Karim bin Abdul Jalil taking his oath as a Judicial Commissioner.

Appointment of Judicial Commissioners on 1 November 2012

From left: The Hon. Dato’ Hashim bin Hamzah, The Hon. Tuan Wong Chiang Kiat, The Hon. Hajah Azizah binti Haji Nawawi and The Hon. Datuk Wira Kamaludin bin Md. Said.

18 ANNUAL REPORT 2012 COURT VISITS BY MEMBERS OF THE COMMISSION JUDICIAL APPOINTMENTS COMMISSION

COURT VISITS BY MEMBERS OF THE COMMISSION

In 2012, in conjunction with JAC metings held outside Putrajaya, members of the Commission also visited the Ipoh Court on 15 March 2012, the Kuala Terengganu Court on 10 May 2012 and the Kota Kinabalu High Court on 13 December 2012. The purpose of these visits was to look at the various innovation programmes carried out and improvements made by the courts in the disposal of cases which were backlogged.

Visit to the Ipoh Court

Members of the Commissions with High Court Judges and Judicial Commissioners of the Ipoh High Court, Perak.

Members of the Commission being briefed by The Hon. Dato’ Jeffrey Tan Kok Wha.

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During their visit to the Ipoh Court, members of the Commission were given a briefing by The Hon. Dato’ Jeffrey Tan Kok Wha, Managing Judge for the State of Perak, regarding the status of civil and criminal cases in the Ipoh and Taiping High Courts. The briefing on the lower courts was given by Tuan Ruslan Abu Bakar, Director of the Perak Courts.

Visit to the civil cases filing room for both the Sessions and Magistrate’s Court.

Committees, which included lawyers from Perak, were set up in the effort to speed up the disposal of backlogged cases at the High Court. These are the e-filing Joint Action Committee and the Mediation Committee, the latter committee also including a total of 20 mediation lawyers from Ipoh.

Visit to the Chambers of the Perak Visit to the Sessions Court State Court Director

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Visit to the Administration Office of the Sessions and Magistrate’s Court of Ipoh.

For the lower courts, a method of reducing the backlog of criminal cases was to have discussions through the Backlog Case Management Committee comprising representatives from the Court, the Attorney General’s Chambers, lawyers and the RMP. For civil cases, discussions are often carried out with lawyers as to the earliest date possible for a given case. In addition, judges are also sent to locations with heavy caseloads and this helps in a higher disposal rate of cases.

The Chief Justice planting a tree within the grounds of the Ipoh High Court.

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Visit to the Kuala Terengganu Court

Members of the Commission with High Court Judges and judicial officers of the Kuala Terengganu High Court.

At the Kuala Terengganu High Court, YBhg. Dato’ Che Mohd Ruzima bin Ghazali, Registrar of the High Court of Malaya, briefed the members of the Commission. They were informed that up to April 2012, the majority of civil and criminal cases at the Kuala Terengganu High Court were current cases filed in the years 2011 and 2012.

The briefing on the status of cases at the lower courts was given by Dato’ Zainal Abidin bin Haji Kamarudin, Director of the Terengganu Courts. As with cases in the High Court, civil and criminal cases at the lower courts were also current and were those cases filed in the years 2011 and 2012. The Commission was informed that there were no cases pre-2011 pending disposal.

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Members of the Commission listening to a briefing by YBhg. Dato’ Che Mohd Ruzima bin Ghazali, Registrar of the High Court.

Visit to the filing room of the Kuala Terengganu Court.

Visit to the Administration Office of the Kuala Terengganu Court.

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Visit to the Kota Kinabalu Court

During the visit, a briefing was given by The Hon. Datuk David Wong Dak Wah, High Court Judge, Kota Kinabalu Sabah and Tuan Ismail bin Brahim, Director of the Sabah Courts who briefed the Commision regarding the lower courts.

Members of the Commission during a briefing session at the Kota Kinabalu High Court.

Apart from hearings, the Courts in Sabah also offer litigants mediation as an alternative method of dispute resolution. It is carried out through the court and is a step in settling civil cases in an informal, voluntary and confidential way without having to go through normal court procedures. Of cases referred to the lowers courts from the year 2007 until October 2012, 62 percent of the cases were successfully settled via mediation.

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A meeting of the Judicial Appointments Commission in the Meeting Room, Kota Kinabalu High Court.

After the briefing and meeting, the Commission attended a launching ceremony of a book entitled “Civil Trials Guidebook” officiated by The Rt. Hon. Chief Justice at the Kota Kinabalu Court Complex, Sabah.

At the launching ceremony of “Civil Trials Guidebook” officiated The Rt. Hon. Chief Justice

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The Rt. Hon. Chief Justice launching the “Civil Trials Guidebook”.

Members of the Commission at the launching ceremony of the “Civil Trials Guidebook”.

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TRAINING OF SUPERIOR COURT JUDGES JUDICIAL APPOINTMENTS COMMISSION

TRAINING OF SUPERIOR COURT JUDGES

In 2012, RM320,000 was allocated for the training of superior court judges to ensure that these judges performed at the highest level and that they are constantly kept abreast of legal developments. This is in line with subsection 21(1)(e) and (f) of the Judicial Appointments Commission Act 2009 (Act 695).

The training programmes were more structured and well managed following the establishment of the Judicial Academy on 16 December 2011. YBhg. Tan Sri James Foong had recommended the changes as per his paper regarding the same while he was a Federal Court judge.

The Judicial Academy was responsible for preparing training programmes for superior court judges throughout the country. The JAC had decided that the Secretariat of the JAC should assist the Judicial Academy in carrying out its functions.

The Hon. Dato’ Mohamad Ariff bin Md. Yusof, Judge of the Court of Appeal, was appointed the Director of the Judicial Academy. The 9-member committee for the Academy comprises the Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya, Chief Judge of the High Court in Sabah and Sarawak, a judge of the Federal Court, 2 judges of the Court of Appeal and 2 High Court judges who are appointed by the Chief Justice.

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The 3 categories of training programmes carried out in 2012 are as follows:

(a) Courses conducted by Senior Judges;

(b) Seminars and Workshop by Foreign Lecturers; and

Judicial Academy Committee

Seated from left: The Rt. Hon. Tan Sri Md Raus bin Sharif, The Rt. Hon. Tun Arifin bin Zakaria (Chairman) and The Rt. Hon. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin. Standing from left: YBhg. Datuk Hamidah binti Khalid (Secretary), The Hon. Dato’ Mah Weng Kwai, The Hon. Dato’ Mohamad Ariff bin Md. Yusof, The Hon. Puan Nallini Pathmanathan, The Hon. Dato’ Ahmad bin Maarop and The Hon. Dr. Badariah binti Sahamid. (Not in the picture:The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum).

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BRIEF REPORTS ON TRAINING PROGRAMMES JUDICIAL APPOINTMENTS COMMISSION

Courses Conducted by Senior Judges

Courses were conducted using modules approved by the Academy Committee and the number of participants at each course were between limited to 10- 18 people. Smaller numbers ensures increased effectiveness of each course. Participants at these courses included, High Court Judges and Judicial Commissioners. Courses were held on Saturday and Sunday so as not to disrupt the daily work of participating judges. The list of courses conducted by senior judges in the year 2012 is as follows:

List of Courses Conducted by Senior Judges for the Year 2012

No. Course Title Facilitator Date No. of Participants

(i) How to Deal The Hon. Dato’ Ahmad b. Haji Maarop, Federal Court Judge 7-8 April 12 with Cases The Hon. Dato’ Azahar b. Mohamed, Court of Appeal Judge 2012 Under Section The Hon. Datuk Wira Mohtarudin b. Baki, Court of Appeal Judge 39B of the Dangerous Drugs Act 1952 (Series 1)

(ii) Injunctions The Hon. Dato’ Anantham Kasinather, Court of Appeal Judge 14-15 April 13 The Hon. Tuan Mah Weng Kwai, High Court Judge, Kuala Lumpur 2012 The Hon. Dr. Badariah bt. Sahamid, High Court Judge, Shah Alam

(iii) Admissibility of The Hon. Dato’ Jeffrey Tan Kok Wha, Federal Court Judge 21-22 April 10 Evidence in The Hon. Datuk Ramly b. Haji Ali, Court of Appeal Judge 2012 a Civil Trial The Hon. Puan Nallini Pathmanathan, High Court Judge, Kuala Lumpur The Hon. Dato’ Mohamad Ariff b. Md. Yusof, High Court Judge, Kuala Lumpur The Hon. Tuan Mah Weng Kwai, High Court Judge, Kuala Lumpur

(iv) Election Petition: The Rt. Hon. Tan Sri Dato’ Seri Zulkefli b. Ahmad Makinudin, 23-24 June 18 Challenging Chief Judge of the High Court in Malaya 2012 Election Result The Hon. Dato’ Abdul Aziz b. Abdul Rahim, Court of Appeal Judge

(v) How to Deal The Hon. Dato’ Ahmad b. Haji Maarop, Federal Court Judge 14-15 July 14 with Cases The Hon. Dato’ Sri Haji Mohamed Afandi b. Haji Ali, Court of Appeal 2012 Under Section Judge 39B of the The Hon. Dato’ Azahar b. Mohamed, Court of Appeal Judge Dangerous The Hon. Datuk Wira Mohtarudin b. Baki, Court of Appeal Judge Drugs Act 1952” (Series 2)

(vi) Judicial Review The Rt. Hon. Tan Sri Md Raus b. Sharif, President of the Court of Appeal 10-11 17 and Appellate The Hon. Dato’ Mohamad Ariff b. Md. Yusof, Court of Appeal Judge November Intervention The Hon. Dato’ Varghese George, High Court Judge, Georgetown 2012

Total 84

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(i) HOW TO DEAL WITH CASES UNDER SECTION 39B OF THE DANGEROUS DRUGS ACT 1952 SERIES 1

The course entitled “How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952” was held at the Transit Bungalow, Precinct 10, Putrajaya on 7 - 8 April 2012 (Saturday - Sunday).

The facilitators for this course were The Hon. Dato’ Ahmad b. Haji Maarop, Federal Court Judge; The Hon. Dato’ Azahar b. Mohamed, Court of Appeal Judge and The Hon. Datuk Wira Mohtarudin b. Baki, Court of Appeal Judge.

The Hon. Dato’ Ahmad b. Haji Maarop, Federal Court Judge.

The Hon. Dato’ Azahar b. Mohamed, Court of Appeal Judge.

The Hon. Datuk Wira Mohtarudin b. Baki, Court of Appeal Judge.

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A total of 12 judges attended this course comprising 8 High Court Judges and 4 Judicial Commissioners as follows:

No Name Position and Place of Work

1. The Hon. Dato’ Haji Abdul Halim b. Aman High Court Judge, Johor Bahru

2. The Hon. Dato’ Abdul Alim b. Abdullah High Court Judge, Shah Alam

3. The Hon. Dato’ Haji Ghazali b. Haji Cha High Court Judge, Kuala Lumpur

4. The Hon. Dato’ Mariana bt. Haji Yahya High Court Judge, Kuantan

5. The Hon. Tuan Haji Azman b. Abdullah High Court Judge, Kota Bharu

6. The Hon. Dato’ Haji Mohd. Yazid b. Haji Mustafa High Court Judge, Kuala Terengganu

7. The Hon. Dato’ Akhtar b. Tahir High Court Judge, Shah Alam

8. The Hon. Dato’ Rhodzariah bt. Bujang High Court Judge, Kuching

9. The Hon. Dato’ Dr. Haji Hassan b. Ab. Rahman Judicial Commissioner, Ipoh High Court

10. The Hon. Tuan Mohd. Zaki b. Abd. Wahab Judicial Commissioner, Kangar High Court

11. The Hon. Tuan Gunalan a/l Muniandy Judicial Commissioner, Johor Bahru High Court

12. The Hon. Datuk Douglas Cristo Primus Sikayun Judicial Commissioner, Tawau High Court

The Rt. Hon. Chief Judge of the High Court in Malaya with facilitators and participants during the course “How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952”.

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A total of 12 topics related to cases under the Dangerous Drugs Act 1952 especially cases involving section 39B as well as other provisions were presented by the course participants and discussed. The discussion titles are as follows:

(i) Meaning of Prima Facie Case - By: The Hon. Dato’ Haji Abdul Halim b. Aman (ii) Chain of Evidence / Evidence by Chemist - By: The Hon. Dato’ Mariana bt. Haji Yahya Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952) - By: The Hon. Dato’ (iii) Akhtar b. Tahir (iv) Agent Provocateur / Informer - By: The Hon. Dato’ Abdul Alim b. Abdullah Proof of Trafficking by Using Presumptions Section 37 (d), Section 37 (da) and Other Presumptions (v) Under Section 37 of Dangerous Drugs Act 1952 - By: The Hon. Dato’ Rhodzariah bt. Bujang (vi) Reasonable Doubt - By: The Hon. Tuan Gunalan a/l Muniandy (vii) Burden of Proof - By: The Hon. Datuk Douglas Cristo Primus Sikayun (viii) Evaluation of Evidence At The End of Presecution Case - By: The Hon. Tuan Haji Azman b. Abdullah Evaluation of Evidence At The End of Defence Case - By: The Hon. Dato’ Haji Mohd Yazid b. Haji (ix) Mustafa (x) Reduction of Charge - By: The Hon. Dato’ Haji Ghazali b. Haji Cha (xi) Section 27 And Section 8 of The Evidence Act - By: The Hon. Tuan Mohd. Zaki b. Abd Wahab Common Intention (Section 34 of The Penal Code) - By: The Hon. Dato’ Dr. Haji Hassan bin Ab. (xii) Rahman

Apart from this, 2 grounds of judgment from 2 participants were presented and discussed. The participants also discussed 6 grounds of judgment for criminal trials relating to section 39B which were prepared by the facilitators.

Participants during the presentation session.

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(ii) INJUNCTIONS

The course entitled “Injunctions” was held at the Transit Bungalow, Precinct 10, Putrajaya on 14 - 15 April 2012 (Saturday - Sunday)

The facilitators for this course were The Hon. Tuan Anantham Kasinather, Court of Appeal Judge, The Hon. Dr. Badariah bt. Haji Sahamid, High Court Judge, Shah Alam and The Hon. Tuan Mah Weng Kwai, High Court Judge, Kuala Lumpur.

The Academy Director and facilitators during the course entitled “Injunctions”.

A total of 13 judges attended this course comprising 9 High Court Judges and 4 Judicial Commissioners as follows:

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No. Name Position and Place of Work

1. The Hon. Datuk Siti Mariah bt. Haji Ahmad High Court Judge, Shah Alam

2. The Hon. Dato’ Wan Afrah bt. Dato’ High Court Judge, Shah Alam Paduka Wan Ibrahim

3. The Hon. Datuk Nurchaya bt. Haji Arshad High Court Judge, Shah Alam

4. The Hon. Dato’ Zulkifli b. Bakar High Court Judge, Seremban

5. The Hon. Dato’ John Louis O’hara High Court Judge, Kuala Lumpur

6. The Hon. Puan Noor Azian bt. Shaari High Court Judge, Shah Alam

7. The Hon. Dato’ Abdul Rahman b. Sebli High Court Judge, Kota Kinabalu

8. The Hon. Datuk Wira Halijah bt. Abbas High Court Judge, Melaka

9. The Hon. Dato’ Has Zanah bt. Mehat High Court Judge, Kuala Lumpur

10. The Hon. Dato’ Nik Hasmat bt. Nik Judicial Commissioner, Kuala Lumpur High Court Mohamad

11. The Hon. Datuk Hanipah bt. Farikullah Judicial Commissioner, Kuala Lumpur High Court

12. The Hon. Puan See Mee Chun Judicial Commissioner, Alor Setar High Court

13. The Hon. Puan Rosilah bt. Yop Judicial Commissioner, Kuala Lumpur High Court

The Rt. Hon. Chief Judge of the High Court in Malaya with facilitators and participants during the course “Injunctions”.

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This course was divided into 3 sessions. In the first session, facilitators talked about the different topics and explained the principles of Injunctions which was then followed by a discussion. The topics were as follows:

(i) Mareva Injunctions by The Hon. Tuan Anantham Kasinather; (ii) Anton Piller Orders by The Hon. Dr. Badariah bt. Haji Sahamid; and (iii) Order 29 Rule RHC, 1980 by The Hon. Tuan Mah Weng Kwai.

Participants during a session to present their respective topics regarding the principles of injunctions.

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In the second session, the participants, divided into 6 separate groups comprising between 2-3 people, were required to carry out a case study based on titles as follows:

Group 1 Group 4 Case Study Mareva Injunctions - Assignment 1 Case Study Mareva Injunctions - Assignment 4 The Hon. Datuk Siti Mariah bt. Haji The Hon. Datuk Wira Halijah bt. Abbas Participants Ahmad Participants The Hon. Dato’ Zulkifli b. Bakar The Hon. Dato’ Has Zanah bt. Mehat Group 2 Group 5 Case Study Mareva Injunctions - Assignment 2 Case Study Anton Piller Order The Hon. Datuk Norchaya bt. Haji The Hon. Datuk Hanipah bt. Farikullah Arshad Participants Participants The Hon. Dato’ Nik Hasmat bt. Nik The Hon. Dato’ John Louis O’Hara Mohamad Group 3 Group 6 Case Study Mareva Injunctions - Assignment 3 Case Study Order 29 Rule RHC, 1980 The Hon. Dato’ Wan Afrah bt. Dato’ The Hon. Puan Noor Azian bt. Shaari Paduka Wan Ibrahim Participants Participants The Hon. Puan See Mee Chun The Hon. Dato’ Abdul Rahman b. Sebli The Hon. Puan Rosilah bt. Yop

In the third session, all six groups presented their findings on the subject matter of their case study which was then followed by a discussion on the judgments relevant to each case study.

Participants presenting their respective case studies.

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(iii) ADMISSIBILITY OF EVIDENCE IN A CIVIL TRIAL

The course entitled “Admissibility of Evidence in a Civil Trial” was held at the Transit Bungalow, Precinct 10, Putrajaya on 21 - 22 April 2012 (Saturday - Sunday).

There were 5 facilitators for this course namely The Hon. Dato’ Jeffrey Tan Kok Wha, Federal Court Judge; The Hon. Datuk Ramly b. Haji Ali, Court of Appeal Judge:The Hon. Puan Nallini Pathmanathan, High Court Judge, Kuala Lumpur; The Hon. Dato’ Mohamad Ariff b. Md. Yusof, High Court Judge, Kuala Lumpur and The Hon. Tuan Mah Weng Kwai, High Court Judge, Kuala Lumpur.

The panel of facilitators for “Admissibility of Evidence in a Civil Trial”.

42 ANNUAL REPORT 2012 JUDICIAL APPOINTMENTS COMMISSION

A total of 10 judges attended this course comprising 7 High Court Judges and 3 Judicial Commissioners as follows:

No. Name Position and Place of Work

1 . The Hon. Dato’ Mohamad Zabidin b. Mohd High Court Judge, Kuala Lumpur Diah

2. The Hon. Dato’ Rosnaini bt. Saub High Court Judge, Seremban

3. The Hon. Dato’ Ahmadi b. Haji Asnawi High Court Judge, Shah Alam

4. The Hon. Datuk Yaacob b. Haji Md. Sam High Court Judge, Shah Alam

5. The Hon. Dato’ Hue Siew Kheng High Court Judge, Kuala Lumpur

6. The Hon. Datin Yeoh Wee Siam High Court Judge, Kuala Lumpur

7. The Hon. Datuk Hasnah bt. Dato’ Haji High Court Judge, Kuala Lumpur Mohammed Hashim

8. The Hon. Tuan Ravinthran a/l N. Paramuguru Judicial Commissioner, Kuching High Court

9. The Hon. Puan Choong Siew Khim Judicial Commissioner, Ipoh High Court

10. The Hon. Dato’ Asmabi bt. Mohamad Judicial Commissioner, Kuala Lumpur High Court

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The Rt. Hon. Chief Justice, The Rt. Hon. President of the Court of Appeal and The Rt. Hon. Chief Judge of the High Court in Malaya with facilitators and participants at the course “Admissibility of Evidence in a Civil Trial”.

This course was divided into 3 sessions. In the first session, 11 topics were presented by The Hon. Tuan Mah Weng Kwai, starting as facilitator and the 10 participants which was then followed by a discussion. The topics of discussion are as follows:

(i) Conduct of a Civil Trial - Bundling of Documents - By: The Hon. Tuan Mah Weng Kwai

(ii) Oral Evidence - By: The Hon. Dato’ Mohamad Zabidin bin Mohd Diah

(iii) Documentary Evidence - By: The Hon. Dato’ Rosnaini binti Saub

(iv) Hearsay Evidence - By: The Hon. Dato’ Ahmadi bin Haji Asnawi

(v) Opinion Evidence - By: The Hon. Datuk Yaacob bin Haji Md. Sam

(vi) Expert Evidence - By: The Hon. Dato’ Hue Siew Kheng

(vii) Electronic Evidence - By: The Hon. Datuk Hasnah binti Dato’ Haji Mohammed Hashim

(viii) Presumptions - By: The Hon. Tuan Ravinthran a/l N. Paramuguru

(ix) Evidence in the Family Court - By: The Hon. Datin Yeoh Wee Siam

(x) Compellability of Witness - By: The Hon. Puan Choong Siew Khim

(xi) Witness Statements - By: The Hon. Dato’ Asmabi binti Mohamad

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Participants listening to a briefing from the facilitators at the course “Admissibility of Evidence in a Civil Trial”.

In the second session, the participants, divided into 3 separate groups comprising between 3-4 people, were required to discuss case studies given to them while in the third session the 3 groups were given new case studies and asked to prepare their evidential rulings based on the given case study.

Participants during the group discussion session.

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(iv) ELECTION PETITION: CHALLENGING ELECTION RESULT

The course entitled “Election Petition: Challenging Election Result” was held at the Transit Bungalow, Precinct 10, Putrajaya on 23 - 24 June 2012 (Saturday - Sunday)

The facilitators for this course were The Rt. Hon. Tan Sri Dato’ Seri Zulkefli b. Ahmad Makinudin, Chief Judge of the High Court in Malaya and The Hon. Dato’ Abdul Aziz b. Abdul Rahim, Court of Appeal Judge.

The Rt. Hon. Tan Sri Dato’ Seri Zulkefli The Hon. Dato’ Abdul Aziz b. Ahmad Makinudin, b. Abdul Rahim, Chief Judge of the Hight Court in Malaya. Court of Appeal Judge.

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A total of 17 High Court judges attended this course as follows:

No. Name Position and Place of Work

1 . The Hon. Dato’ Zainal Adzam b. Abd. Ghani High Court Judge, Ipoh 2. The Hon. Datuk David Wong Dak Wah High Court Judge, Kota Kinabalu

3 . The Hon. Dato’ Rohana bt. Yusuf High Court Judge, Kuala Lumpur

4 . The Hon. Dato’ Mohd. Zaki b. Md. Yasin High Court Judge, Pulau Pinang 5 . The Hon. Dato’ Mohd Azman b. Husin High Court Judge, Kuala Lumpur 6 . The Hon. Dato’ Tengku Maimun bt. Tuan Mat High Court Judge, Shah Alam 7 . The Hon. Dato’ Ahmad Zaidi b. Ibrahim High Court Judge, Kota Bharu 8 . The Hon. Tuan Abang Iskandar b. Abang Hashim High Court Judge, Kuala Lumpur 9 . The Hon. Dato’ Mariana bt. Haji Yahya High Court Judge, Kuantan 10. The Hon. Dato’ Mohd Yazid b. Haji Mustafa High Court Judge, Kuala Terangganu 11. The Hon. Datuk Yew Jen Kie High Court Judge, Sibu 12. The Hon. Tuan Vernon Ong Lam Kiat High Court Judge, Johor Bahru 13. The Hon. Dato’ Abdul Rahman b. Sebli High Court Judge, Kota Kinabalu 14. The Hon. Dato’ Zaleha bt. Yusof High Court Judge, Shah Alam 15. The Hon. Dato’ Rhodzariah bt. Bujang High Court Judge, Kuching 16. The Hon. Puan Supang Lian High Court Judge, Sandakan 17. The Hon. Tuan Stephen Chung Hian Guan High Court Judge, Miri

The Rt. Hon. President of the Court of Appeal and The Rt. Hon. Chief Judge of the High Court in Malaya with facilitators and participants at the course “Election Petition: Challenging Election Result”.

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The Rt. Hon. President of the Court of Appeal also participated during the “Election Petition: Challenging Election Result” course.

This course was divided into 3 sessions. In the first session, the participants were introduced to the various topics related to election petitions followed by an open discussion on issues brought up in relation thereof with reference to decided cases. The topics were as follows:

(i) Introduction to Election Laws and Regulations by The Rt. Hon. Tan Sri Dato’ Seri Zulkefli b. Ahmad Makinudin, Chief Judge of the High Court in Malaya;

(ii) Technical Objections and Interpretation of the Laws in an Election Petition by The Rt. Hon. Tan Sri Dato’ Seri Zulkefli b. Ahmad Makinudin, Chief Judge of the High Court in Malaya; and

(iii) Common Grounds of Challanges to an Election Petition by The Hon. Dato’ Abdul Aziz b. Abdul Rahim, Court of Appeal Judge.

Participants during “Election Petition: Challenging Election Result”.

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In the second session, the participants, divided into 3 separate groups comprising between 5-6 judges, were required to carry out case studies on decided cases as follows:

Group 1

Case Study: Assignment 1- Election Petition No. PP-01-2008 Group 2

Case Study: Assignment 2 - Election Petition No. 26-01-08-l Group 3

Case Study: Assignment 3 - Election Petitions: Challenging Election Results – Points for Consideration

Participants during the case study session.

In the third session, all 3 groups presented their respective findings.

Participants presenting the findings of their respective case studies.

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(v) HOW TO DEAL WITH CASES UNDER SECTION 39B OF THE DANGEROUS DRUGS ACT 1952 SERIES 2

The course entitled “How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952” Series 2 was held at the Putrajaya Marriott Hotel, on 14 - 15 July 2012 (Saturday - Sunday)

The facilitators for this course were The Hon. Dato’ Ahmad b. Haji Maarop, Federal Court Judge; The Hon. Dato’ Sri Haji Mohamed Apandi b. Haji Ali, Court of Appeal Judge; The Hon. Dato’ Azahar b. Mohamed, Court of Appeal Judge and The Hon. Datuk Wira Mohtarudin b. Baki, Court of Appeal Judge.

The Rt. Hon. Chief Judge of the High Court in Malaya with facilitators at the opening ceremony.

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A total of 14 judges attended this course comprising 8 High Court Judges and 6 Judicial Commissioners as follows:

N o. Name Position and Place of Work

1. The Hon. Dato’ Mohd. Sofian b. Tan Sri Abd. High Court Judge, Shah Alam Razak 2. The Hon. Dato’ Hinshawati bt. Shariff High Court Judge, Shah Alam 3. The Hon. Datuk Yew Jen Kie High Court Judge, Sibu 4. The Hon. Tuan Kamardin b. Hashim High Court Judge, Kuala Lumpur 5. The Hon. Dato’ Umi Kalthum bt. Abdul High Court Judge, Muar Majid 6. The Hon. Dato’ Noraini bt. Abdul Rahman High Court Judge, Kuala Lumpur 7. The Hon. Datuk Nor Bee bt. Ariffin High Court Judge, Kuala Lumpur 8. The Hon. Puan Hadhariah bt. Syed Ismail High Court Judge, Shah Alam 9. The Hon. Dato’ Zakiah bt. Kassim Judicial Commissioner, Alor Setar High Court 10. The Hon. Puan Nurmala bt. Salim Judicial Commissioner, Penang High Court 11. The Hon. Tuan Chew Soo Ho Judicial Commissioner, Penang High Court 12. The Hon. Tuan Lee Heng Cheong Judicial Commissioner, Kota Kinabalu High Court 13. The Hon. Datuk Hanipah bt. Farikullah Judicial Commissioner, Kuala Lumpur High Court 14. The Hon. Tuan Samsudin b. Hassan Judicial Commissioner, Johor Bahru High Court

The Rt. Hon. Chief Judge of the High Court in Malaya with facilitators and participants at the course “How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952” Series 2.

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This course was divided into 2 sessions. In the first session, each participant presented a topic for discussion as determined by the facilitators. The topics would involve cases under the Dangerous Drugs Act 1952 in particular those under section 39B and related legislation as the Penal Code. The topics of discussion are as follows:

(i) Meaning of Prima Facie Case and Evaluation of Evidence At The End of Prosecution Case - By: The Hon. Tuan Samsudin b. Hassan

(ii) Chain of Evidence / Evidence by Chemist - By: The Hon. Dato’ Mohd. Sofian b. Tan Sri Abd. Razak

(iii) Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952) - By: The Hon. Dato’ Hinshawati bt. Shariff

(iv) Agent Provocateur / Informer - By: The Hon. Datuk Yew Jen Kie

(v) Proof of Trafficking By Using Presumptions Section 37 (d), Section 37 (da) and Other Presumptions Under Section 37 of Dangerous Drugs Act 1952 - By: The Hon. Dato’ Umi Kalthum bt. Abdul Majid

(vi) Reasonable Doubt and Evaluation of Evidence At The End of Defence Case - By: The Hon. Dato’ Noraini bt. Abdul Rahman

(vii) Reduction of Charge by Court - By: The Hon. Datuk Nor Bee bt. Ariffin

(viii) Section 27 and Section 8 of The Evidence Act - By: The Hon. Puan Hadhariah bt. Syed Ismail

(ix) Common Intention (Section 34 of The Penal Code) - By: The Hon. Dato’ Zakiah bt. Kassim

(x) Circumstancial Evidence In Drug Related Cases - By: The Hon. Puan Nurmala bt. Salim

(xi) Corroboration - By: The Hon. Tuan Chew Soo Ho

(xii) Contradiction and Impeachment - By: Tuan Lee Heng Cheong

(xiii) Application of Section 422 of CPC and Section 167 of Evidence Act 1950 - By: The Hon. Datuk Hanipah bt. Farikullah

(xiv) Duty of Defence To Put His Case During Prosecution’s Case - By: The Hon. Tuan Samsudin b. Hassan

(xv) Adverse Inference Section 114g of Evidence Act - By: The Hon. Tuan Kamardin b. Hashim

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The Hon. Datuk Nor Bee bt. Ariffin presenting her The Hon. Datuk Yew Jen Kie presenting her paper paper entitled “Reduction of Charge by Court”. entitled “Agent Provocateur / Informer”.

Some of the participants during the course “How To Deal With Cases Under Section 39B of The Dangerous Drugs Act 1952” Series 2.

In the second session, 7 grounds of judgment from criminal trials in relation to section 39B prepared by the facilitators were discussed by the participants. The participants were chosen at random at the start of the second session introduce the cases for discussion.

The Hon. Puan Hadhariah bt Syed Ismail The Hon. Datok’ Mohd. Sofian b. Tan Sri Abd. presenting her paper entitled “Section 27 and Razak presenting his paper entitled “Chain of Section 8 of the Evidence Act”. Evidence / Evidence by Chemist”.

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(vi) JUDICIAL REVIEW AND APPELLATE INTERVENTION

The course entitled “Judicial Review and Appellate Intervention “was held at the Transit Bungalow, Precinct 10, Putrajaya on 10 - 11 November 2012 (Saturday - Sunday)

The facilitators for this course were The Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal, The Hon. Dato’ Mohamad Ariff bin Md. Yusof, Court of Appeal Judge and The Hon. Dato’ Varghese George, High Court Judge, Penang.

The Rt. Hon. Tan Sri Md Raus b. Sharif President of the Court of Appeal

The Hon. Dato’ Mohamad Ariff b. Md. Yusof Court of Appeal Judge.

The Hon. Dato’ Varghese George High Court Judge, Penang.

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A total of 16 judges attended this course comprising 9 High Court Judges and 7 Judicial Commissioners as follows:

No. Name Position and Place of Work

1. The Hon. Dato’ Seri Zakaria bin Sam High Court Judge, Penang

2. The Hon. Datuk Lau Bee Lan High Court Judge, Kuala Lumpur

3. The Hon. Datuk Siti Mariah binti Haji Ahmad High Court Judge, Seremban

4. The Hon. Tuan Abang Iskandar bin Abang Hashim High Court Judge, Kuala Lumpur

5. The Hon. Dato’ Haji Zainal Azman b. Abdul Aziz High Court Judge, Shah Alam

6. The Hon. Tuan Vernon Ong Lam Kiat High Court Judge, Johor Bahru

7. The Hon. Dato’ Umi Kalthum binti Abdul Majid High Court Judge, Muar

8. The Hon. Dato’ Rhodzariah binti Bujang High Court Judge, Kuching

9. The Hon. Tuan Harmindar Singh Dhaliwal High Court Judge, Ipoh

10. The Hon. Dato’ Haji Ahmad Nasfy bin Haji Yasin Judicial Commissioner, Taiping High Court

11. The Hon. Tuan Lee Heng Cheong Judicial Commissioner, Kuala Lumpur High Court

12. The Hon. Puan See Mee Chun Judicial Commissioner, Alor Setar High Court

13. The Hon. Dato’ Hashim bin Hamzah Judicial Commissioner, Shah Alam High Court

14. The Hon. Datuk Wira Kamaludin bin Md. Said Judicial Commissioner, Kuala Lumpur High Court

15. The Hon. Datin Hajah Azizah binti Haji Nawawi Judicial Commissioner, Kuala Lumpur High Court

16. The Hon. Tuan Wong Chiang Kiat Judicial Commissioner, Penang High Court

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The Rt. Hon. President of the Court of Appeal with facilitators and participants of the course entitled “Judicial Review and Appellate Intervention”.

Facilitators before the start of the course Participants listening to a briefing by the “Judicial Review and Appellate Intervention”. facilitators during “Judicial Review and Appellate Intervention”.

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The participants were divided into 4 groups on the first day. Each group presented a discussion topic as determined by the facilitators. The topics of discussion were as follows:

Group 1 Appellate Intervention On Judicial Review

Presenter: The Hon. Tuan Abang Iskandar bin Abang Hashim Members: · The Hon. Dato’ Umi Kalthum binti Abdul Majid · The Hon. Tuan Lee Heng Cheong · The Hon. Datin Hajjah Azizah binti Haji Nawawi

Group 2 Appellate Intervention On Finding of Facts

Presenter: The Hon. Tuan Vernon Ong Lam Kiat Members: · The Hon. Datuk Lau Bee Lan · The Hon. Dato’ Haji Zainal Azman bin Abdul Aziz · The Hon. Datuk Wira Kamaludin bin Md. Said

Group 3 Appellate Intervention On Sentencing

Presenter: The Hon. Dato’ Seri Zakaria b. Sam Members: · The Hon. Datuk Siti Mariah binti Haji Ahmad · The Hon. Dato’ Hashim bin Hamzah · The Hon. Tuan Wong Chiang Kiat

Group 4 Appellate Intervention In Running Down Cases

Presenter: The Hon. Tuan Harmindar Singh Dhaliwal Members: · The Hon. Dato’ Rhodzariah binti Bujang · The Hon. Dato’ Haji Ahmad Nasfy bin Haji Yasin · The Hon. Puan See Mee Chun

On the second day the participants discussed “Practical Issues in Judicial Review Adjudication, with Particular reference to Cases Studies” which was prepared by the facilitators. The groups were given cases to discuss and present.

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Seminars and Workshops by Foreign Lecturers

Apart from courses by senior judges, there were also courses which involved foreign lecturers. These seminars and workshops were organized based on current needs at that time. Participants included judges from the Federal Court, Court of Appeal and High Court as well as Judicial Commissioners. These programmes were organised by JAC with cooperation from the Office of the Chief Registrar of the Federal Court. The programmes are as follows:

List of Seminars and Workshops Conducted by Foreign Lecturers

No. of No. Seminar / Workshop Date Lecturer Participants

(i) Workshop on Implementing the 6-8 Justice Robert J. Torres, Chief 56 International Framework for September Justice of Guam and Encik Court Excellence 2012 Daniel J. Hall, Vice President, National Center For State Courts (NCSC) United States of America.

(ii) Talk on Competition Law 13 October Prof. Dr. Robert Ian Mc Ewin, 89 Seminar 2012 Visiting Professor of Law, Chulalongkorn University, Thailand.

Encik Toh Han Li, Assistant Chief Executive, Competition Commission Singaporre (CCS).

Encik Jose Rivas, Partner and Head of International EU and Competition Group at Bird and Bird, Burssels, Belgium.

(iii) Court - Annexed Mediation: 13-14 Judge John Clifford Wallace 19 Shortcomings and Future December from the United States of Developments 2012 America

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(i) Workshop on Implementing the International Framework for Court Excellence

The Workshop on Implementing the International Framework for Court Excellence was held from 6-8 September 2012 in Putrajaya. It was held over 3 days for 2 different groups consecutively, using the same module for both groups, 6-7 September 2012 (Thursday and Friday) for Group One and 7-8 September 2012 (Saturday and Sunday) for Group Two.

The Rt. Hon. Chief Justice, The Rt. Hon. President of the Court of Appeal, The Rt. Hon. Chief Judge of the High Court in Malaya with lecturers and participants of Group One of the “Workshop on Implementing the International Framework for Court Excellence”.

Lecturers and participants of Group Two of the “Workshop on Implementing the International Framework for Court Excellence”.

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The Rt. Hon. Chief Justice opening the The Rt. Hon. President of the Court of Appeal “Workshop on Implementing the International and The Rt. Hon. Chief Judge of the High Court Framework for Court Excellence”. in Malaya together with the lecturers during the opening of the “Workshop on Implementing the International Framework for Court Excellence”.

The purpose of this workshop was to improve court services at all levels in this country by leveraging on the experience and perspectives of an international consortium. The workshop was based on a working structure developed by the National Center for State Courts (NCSC), United States of America, regarding values, areas of excellence, performance measures and continuous quality improvement.

Participants during the “Workshop on Implementing the International Framework for Court Excellence”.

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(ii) Talk On Competition Law

A seminar entitled Talk on Competition Law was held in the Conference Hall, Istana Kehakiman, Putrajaya on 13 October 2012. A totla of 89 judges attended this seminar, from High Court Judges to Federal Court Judges. This seminar was co-organised by the JAC, the Office of the Chief Registrara and the Malaysian International Chamber of Commerce and Industry (MICCI). It was officially opened by the Rt Hon. Tun Arifin bin Zakaria, Chief Justice.

The Rt Hon. Chief Justice during the opening of the Talk on Competition Law.

Participants during a talk by one of the speakers.

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The purpose of this seminar was to introduce to judges the Competition Act 2010 (Act 712) which came into effect on 1 January 2012. A total of 3 speakers were invited to speak at this seminar namely, Prof. Dr. Robert Ian Mc Ewan from Competition Consultant Asia, Mr. Toh Han Li from the Singapore Competition Commission and Mr. Jose Rivas from the firm Messrs Bird and Bird.

The seminar was divide into 4 session with tittles and speakers as follows:

(i) Session 1: The Important Role of Economics in Competition Law by Prof. Dr. Robert Ian Mc Ewan;

(ii) Session 2: The Singapore Experience – A Regulator’s Perspective by Mr. Toh Han Li;

(iii) Session 3: Bringing Competition Law To Life by Mr. Jose Rivas; and

(iv) Session 4: Open Discussion on the Competition Act 2010 by a 4 member panel comprising Prof. Dr. Robert Ian Mc Ewan, Mr. Toh Han Li, Mr. Jose Rivas and Ms. Shila Dorai Raj from the Malaysian Competition Commission (MyCC). The moderator for this session was Mr. Tay Beng Chai from MICCI.

From left : Ms. Shila Dorai Raj (MyCC), Mr. Toh Han Li, Mr. Tay Beng Chai (Moderator-MICCI), Prof. Dr. Robert Ian Mc Ewan and Mr. Jose Rivas.

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(iii) Court Annexed Mediation Programme: Shortcomings and Future Developments

This programme was held on 13 December 2012 at the Kuala Lumpur Court Complex. This programme was organised by the JAC with co-operation from the Office of the Chief Registrar of the Federal Court and the Office of the Director of the Kuala Lumpur Courts. A total of 19 judges attended this programme comprising Court of Appeal Judges, High Court Judges, Judicial Commissioners, Sessions Court Judges, Deputy Registrars and Senior Assistant Registrars. This programme was chaired by The Hon. Dato’ Mah Weng Kwai, Court of Appeal Judge, whereas the guest facilitator was Judge John Clifford Wallace, Senior Judge of the Ninth Circuit, United State of America.

Judge John Clifford Wallace together with participants of the programme “Court Annexed Mediation: Shortcomings and Future Developments”.

This purpose of this programme was to look at the development of mediation in selected states such as Penang, Johore, Pahang and Kuala Lumpur. It was also to identify the obstacles faced by the courts and future plans to develop mediation as an alternative form of dispute resolution (ADR).

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EXCERPT FROM THE WELCOMING SPEECH OF THE RT. HON. CHIEF JUSTICE DURING THE JUDICIAL OUTREACH PROGRAMME SERIES 1/2012 IN TAMAN NEGARA, KUALA TAHAN, JERANTUT, PAHANG FROM 6 - 8 JUNE 2012

“This programme espouses the concept of “conserving nature” and exposes participants to the study and appreciation of nature and the environment. The programme aims to successfully create an awareness of the important role each individual plays in the preservation of nature. This awareness will encourage individuals to think again before causing harm and damage to nature and the environment. When nature is damaged in any way, sometimes such destruction may cause irreparable damage or it may take a very long time, perhaps even centuries, to heal or rehabilitate. As such, those who violate and are responsible for destroying nature and the environment must be punished to the full extent permissable under the relevant laws. If all this can be understood, this programme would have achieved its objective”.

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Judicial Outreach Programmes

The Outreach Programme is the brainchild of The Rt. Hon. Chief Justice. It sought to instill a spirit of esprit de corp among the judges in addition to going to the ground and identifying legal issues at grassroots level.

In each programme, judges are divided into several groups and are given tasks to be carried out together. Contributions in various forms such as cash, clothes and daily necessities are donated by judges to the needy, the handicapped as well as the orang asli during the programme. The 3 programmes which were run in 2012 are as follows:

No. of No. Programme Title Date Participants Participants

(i) Judicial Outreach 6-8 June 2012 • Federal Court Judge 14 Programme Series 1/2012 (Taman Negara, Kuala Tahan, • Court of Appeal Judge Jerantut, Pahang) • High Court Judge

(ii) Judicial Outreach 19-21 October • Federal Court Judge 23 Programme Series 2/2012 2012 (Cameron Highlands, • Court of Appeal Judge Pahang)

(iii) Judicial Outreach 30 November - • High Court Judge/Judicial 15 Programme Series 3/2012 2 December Commissioner, High Court, (Kinabalu National Park, 2012 Sabah dan Sarawak Kundasang, Sabah)

Total 52

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(i) Judicial Outreach Programme Series 1/2012 in Taman Negara, Kuala Tahan, Jerantut, Pahang

This programme was held from 6-8 June 2012. It is the first ever Judicial Outreach Programme to be held and was coorganised by both the JAC and Office of the Chief Registrar of the Federal Court. The secretariat for this programme was the Office of the Director of the Pahang Courts. A total of 14 judges attended this programme as follows:

No. Name Position

1. The Rt. Hon. Tun Arifin b. Zakaria Chief Justice

2. The Rt. Hon. Tan Sri Md Raus b. Sharif President of the Court Appeal

3. The Rt. Hon. Tan Sri Dato’ Seri Zulkefli b. Ahmad Chief Judge of the High Court in Malaya Makinudin

4. The Hon. Tan Sri Abdull Hamid b. Embong Federal Court Judge

5. The Hon. Dato’ Ahmad b. Haji Maarop Federal Court Judge

6. The Hon. Dato’ Jeffery Tan Kok Wha Federal Court Judge

7. The Hon. Dato’ Sri Abu Samah b. Nordin Court of Appeal Judge

8. The Hon. Dato’ Mohd. Hishamudin b. Mohd. Yunus Court of Appeal Judge

9. The Hon. Dato’ Aziah bt. Ali Court of Appeal Judge

10. The Hon. Datuk Ramly b. Ali Court of Appeal Judge

11. The Hon. Dato’ Azahar b. Mohamed Court of Appeal Judge

12. The Hon. Dato’ Haji Mohd. Zawawi b. Salleh High Court Judge, Kuala Lumpur

13. The Hon. Dato’ Mariana bt. Haji Yahya High Court Judge, Kuantan

14. The Hon. Tuan Vernon Ong Lam Kiat High Court Judge, Johor Bahru

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The contribution from judges to the orang asli of Kampung Dedari, Kuala Tahan, Pahang.

The Rt Hon. Chief Justice presenting cash donations to the orang asli of Kampung Dedari, Kuala Tahan, Pahang.

The Rt Hon. Chief Justice on his visit to the orang asli village Kampung Dedari, Kuala Tahan, Pahang.

Tree planting ceremony in Lubuk Tenor, Taman Negara, Kuala Tahan, Pahang.

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(ii) Judicial Outreach Programme Series 2/2012 in Cameron Highlands, Pahang

The Judicial Outreach programme series 2/2012 was held from 19 - 21 October 2012. A total of 23 judges took part in this programme comprising The Rt Hon. Chief Justice, The Rt. Hon President of the Court of Appeal, The Rt Hon. Chief Judge of The High Court in Malaya, 8 Federal Court Judges and 12 Court of Appeal Judges.

The Rt Hon. Chief Justice, The Rt Hon. President of the Court of Appeal, The Rt Hon. Chief Judge of the High Court in Malaya together with participants of the Judicial Outreach Programme Series 2/2012.

This programme involved several aspects including visits, physical endurance, social activites, team building, environmental awareness, legal issues and a talk by the local enforcement agency.

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Team Building Activities

This programme was successful in promoting a spirit of togetherness and buidling teamwork among the participants. The participants became closer as a result of the informal setting as compared to previously.

This programme also succeeded in awakening the “human part of the judiciary” where judges donated personally to the families in the villages, the poor, the needy and the handicapped in Cameron Highlands.

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The Rt Hon. Chief Justice, The Rt Hon. President of the Court of Appeal, The Rt Hon. Chief Judge of the High Court in Malaya handing out donations to the less fortunate.

The participants were given the opportunity to learn and appreciate the local environment, specifically the tea farms which is one of the economic sources of the country.

The Rt Hon. Chief Justice and delegation being briefed by the Teh Boh Plantation Supervisor in Sungai Palas, Cameron Highlands.

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(iii) Judicial Outreach Programme Series 3/2012 in Kinabalu National Park, Kundasang, Sabah

This programme was held from 30 November - 2 December 2012. The secretariat for the outreach programme was the Office of the Director of the Sabah Courts. A total of 15 superior court judges participated comprising The Rt Hon. Chief Justice, The Rt Hon. President of the Court of Appeal, The Rt Hon. Chief Judge of the High Court in Malaya, The Rt Hon. Chief Judge of the High Court in Sabah and Sarawak, a Federal Court Judge, 2 members from the Judicial Appointments Commission and 8 High Court Judges and Judicial Commissioners from Sabah and Sarawak.

The Rt Hon. Chief Justice, The Rt Hon. President of the Court of Appeal, The Rt Hon. Chief Judge of the High Court in Malaya, The Rt Hon. Chief Judge of the High Court in Sabah and Sarawak together with participants of the Judicial Outreach Programme Series 3/2012.

As with previous outreach programmes, this programme also involved his programme involved several aspects including visits, physical endurance, social activites, team building, environmental awareness, legal issues and a briefing by the local enforcement agency.

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The Rt Hon. Chief Justice, The Rt Hon. President of the Court of Appeal, The Rt Hon. Chief Judge of the High Court in Malaya, The Rt Hon. Chief Judge of the High Court in Sabah and Sarawak handing out donations to the people of Kampung Bongkud, Ranau, Sabah.

Social activities in Kampung Bongkud, Ranau, Sabah.

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The opportunity to join this programme was a new experience for some judges. The programme was once again successful in promoting a spirit of togetherness and buidling teamwork among the participants.

The Team Building activity during the Judicial Outreach programme Series 3/2012 in Taman Negara Kinabalu, Kundasang, Sabah.

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OFFICE OF THE SECRETARY

JUDICIALAPPOINTMENTS COMMISSION JUDICIAL APPOINTMENTS COMMISSION

OFFICE OF THE SECRETARY

This office was set up to carry out the decisions of the Commission including administration and finance. This Office is staffed by 13 full time officers and staff.

The functions of this Office have increased, since it was first established 4 years ago, in line with decisions by the Commission which requires that the Secretary to the JAC also carry out duties relating to the implementation of the Judges’ Code of Ethics 2009 including declaration of judges’ assets, updating the Judges’ Remuneration Act 1971 (Act 45) and as secretariat to the Judicial Academy.

In 2012, during the Opening of the Legal Year ceremony, the Chief Justice had in his address stated that all judges are required to submit asset declarations. In line with this, a circular was issued signed by the Chief Justice known as the Chief Justice’s Circular No.1/2012 effective 1 March 2012.

In order to fulfill its functions as secretariat to the Judicial Academy assisting the Director of the Judicial Academy, this Office, together with the Office of the Chief Registrar of the Federal Court of Malaysia succcesfully organised various activites including outreach programmes. In 2012, outreach programmes were organised with the cooperation of both the offices of State Court Director for both the states of Pahang and Sabah.

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RESTRUCTURING OF THE ORGANISATIONAL STRUCTURE

Following the increase in duties of the Office of the Secretary, a reorganisation exercise was carried out after acquiring approval of the Central Agency via warrant No. A149 of 2012 dated 25 July 2012 effective 16 July 2012. The restructuring of the organisational structure did not involve an increase in personnel. It was carried out to make more effective the structural make up of the organisation at that time in line with the added duties and responsibilities as well as to cope with developmental changes from time to time. The new organisation structure for the Office of the Secretary, Judicial Appoitnments Commission is as per Chart 1 as follows:

Chart 1 Organisational Structure of the Offcie of the Secretary, Judicial Appoinments Commission

SECRETARY PERSONAL ASSISTANT DATUK HAMIDAH BT KHALID ROSILAWATI BT ISHAK

DEPUTY SECRETARY PERSONAL ASSISTANT WAN KHAIRILANWAR BIN WAN SITI KHADIJAH BT WAN WAN MUHAMMAD MOHMAD

APPOINTMENTS & RESEARCH AND PUBLIC HUMAN RESOURCE, FINANCE UNIT INFORMATION TECHNOLOGY INTERNATIONAL RELATIONS RELATIONS UNIT INNOVATION AND UNIT UNIT ADMINISTRATION UNIT

SENIOR CHIEF ASSISTANT CHIEF ASSISTANT EXECUTIVE OFFICER CHIEF ASSISTANT ASSISTANT INFORMATION SECRETARY (L) SECRETARY (R) ROKIAH BT ABDULLAH SECRETARY (K) TECHNOLOGY OFFICER HASLINDA BT MOHAMMAD KEVIN GEH KIEN MENG NIK AHMAD ZAHIRUDDIN NURUL HUDA BT ZAINI @ TAJUDIN BIN NIK SALEH NORAINI

ADMINISTRATIVE ASSISTANT ADMINISTRATIVE ASSISTANT (OPERATION) (FINANCE) IDRIS BIN HJ MOHD YUSOFF MAZIYATUN BT MOHAMAD

DRIVER SONID BIN NURUDDIN

OFFICE ASSISTANT NOR MOHD FAREEZ BIN NORDIN

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FINANCIAL ALLOCATION

The approved financial allocation for this Office in 2012 totalled RM2,443,250.00. Included are emoluments and payments at RM1,365,500.00, training at RM320,000.00 and supplies and services at RM757,750.00. The braekdown of the allocation received is as illustrated in Chart 2 as follows:

Chart 2 Financial Allocation

Supply and Services RM757,750.00 31% Emolument (including allowances and repayment) RM1,365,500.00 56%

Traning RM320,000.00 13%

Total Allocation: RM2,443,250.00

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