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News: Court to Hear Legality of Judges' Transfer

Imej
Court to hear legality of judges’ transfer Joseph Bingkasan  | October 21, 2013 A lawyer here will argue that the federal government's decison to by-pass the Chief Justice of Sabah and Sarawak and transfer five local judges is prejudicial and illegal. KOTA KINABALU: A High Court hearing here next month is expected to make clear how independent Sabah courts really are from federal interference. The hearing is in relation to the transfer of five local judges to Penang. The High Court here will hear the application by a lawyer to stop the transfer. The court fixed Nov 22 to hear the submission by Marcel Jude Joseph for a judicial review of the transfer orders by the federal government served on two sessions court judges and three magistrates. Counsel Joseph is arguing that the transfer of the five civil servants is prejudicial to Sabah and illegal. He named the Penang Chief Minister Lim Guan Eng, the director of Public Services Department, Chief Justice of Malaya, session court judges...

Legal term: Sub judice

I received an sms from my learned friend as follows: "Salam tuan. Minta tlg cuz i know ur good in this. What is the legal term for an issue which is on trial tp had yet to be decided by the court? Unprecendeted bukan kan. Apa ya." I can’t really recall what is the term because she has mentioned the word unprecedented. Few minutes later she sms me again: "Hehe sy dpt suda. Sub judice tuan. Hehehe" Wow.. I never thought that sub judice is a matter which is on trial but yet to be decided by the court. I can only recall the word in reference to a contempt of court. I immediately look up in wikipedia what is sub judice all about. In law, sub judice, Latin for “under judgment”, means that a particular case or matter is under trial or being considered by a judge or court. The term may be used synonymously with “the present case” or “the case at bar” by some lawyers. In England and Wales,[citation needed]Ireland,[1]New Zealand,[2][3][4]Australia,[citation needed]India[cita...