Chief Justice Tengku Maimun Tuan Mat has raised concerns about the increasing trend of lawyers filing leave applications, even those lacking merit, highlighting its detrimental impact on judicial efficiency and the integrity of legal proceedings.
SEREMBAN: Chief Justice Tengku Maimun Tuan Mat has expressed concern over a rising trend of lawyers filing leave applications, even those that don't meet the threshold set by Section 96 of the Courts of Judicature Act 1964. She pointed out that this practice is becoming an unhealthy norm, with lawyers filing numerous applications, regardless of their merit or triviality.
Tengku Maimun cited examples of leave applications to the Federal Court, noting that the questions posed in these applications are often excessively long, repetitive, and perplexing. She shared a personal experience of reviewing leave applications with at least 20 questions, each worded almost identically to the previous one.The Chief Justice emphasized the importance of legal advocacy, stating that it includes the ability of a lawyer to counsel their client on the actual grounds for appeal and the legal issues that warrant the Federal Court's attention. She believes that when lawyers file complicated leave applications with the aim of circumventing Section 96 of the Courts of Judicature Act, it signifies an attempt to impress their clients without prioritizing their duty to the Court. This practice, according to Tengku Maimun, not only drowns out genuine cases deserving leave to appeal but also wastes valuable judicial time and resources. While acknowledging that some lawyers might be overly cautious or meticulous, she urged them to strike a balance between thoroughness and confidence in their abilities. Tengku Maimun stressed that lawyers should focus on fulfilling their legal obligations rather than succumbing to their clients' demands beyond what justice dictates. She emphasized the crucial role of lawyers in resolving disputes and promoting justice, urging them to cite cases accurately, avoid misleading the Court, and disclose all relevant facts, even those unfavorable to their clients. She highlighted the importance of judicial independence, impartiality, and integrity in the administration of justice, stating that judges must be answerable only to their conscience and legal knowledge. Judges, she emphasized, should decide cases solely based on the evidence presented and the law, without fear of threats or undue influence
LEGAL NEWS LEAVE APPLICATIONS CHIEF JUSTICE TENGKU MAIMUN TUAN MAT COURTS OF JUDICATURE ACT LAWYERS JUDICIAL EFFICIENCY JUSTICE SYSTEM
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