Thursday 6 October 2011

PLAGIARISM: Justice Abdul Malik, the Alleged Copy-Cat Judge Sitting in Malaysia's Court of Appeal


RELATED ARTICLE: Read here: Plagiarism in Universiti Putra Malaysia (UPM)

Malaysian Court of Appeal Judge allegedly plagiarised a judgment by a Singaporean counterpart in early 2000.

Read here for more

Sixty Pakatan Rakyat MPs are pushing for a motion to censure a Court of Appeal judge for alleged plagiarism.

Leading the pack, Bukit Gelugor MP Karpal Singh said that justice Abdul Malik Ishak had allegedly committed the offence while serving as a High Court judge in Johor in early 2000.

The judge was accused 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.

Speaking at a press conference in Parliament, Karpal said: “We have filed the motion (to discuss the censuring) with the secretary of the Dewan Rakyat.”

“This motion (is in line with) Article 127 of the Federal Constitution which allows for discussion of the conduct of judges if 1/4 of parliamentarians support the motion,” he added.

The total number of MPs is 222, and with 60 backing the motion, it exceeded the required number.

Meanwhile, Karpal described the charge against the judge as serious, and did not reflect well on the judiciary.

“It is clearly misconduct of a very serious nature on the part of Malik bringing the Malaysian judiciary into disrepute,” he said, demanding that the judge be suspended and brought before a tribunal.

Karpal said that portions of Selvam’s judgment were copied without quoting and acknowledging the original source.

The DAP leader said he had written twice to Malik in August and September this year but did not receive a response from him over the matter.

Karpal added that the motion filed today was also in line with Parliamentary Standing Orders 27 and 36 (8).

Standing Order 27 states that advance notice must be sent to the Dewan Rakyat secretary before tabling a motion in parliament.

While Standing Order 36 (8) required a motion to be tabled in parliament first before there is any discussion regarding a public officer appointed under constitutional provisions.

According to the judiciary website, the Johor-born Abdul Malik was appointed to the Court of Appeal on July 16, 2007.

A law graduate from the University of Singapore – graduating in 1974 , Abdul Malik was appointed as a Judicial Commissioner on Oct 1, 1992, and subsequently, as a Judge of the High Court of Malaya on Aug 17,1994.

Prior to that he had served as a magistrate, deputy public prosecutor, state legal adviser, senior Sessions Court judge and advisory board chairman at the Prime Minister’s Department.


Yong said...

What happen to the judge who got promoted despite never established written judgements? Was that allegation true?

Anonymous said...

He may have asked a lawyer to write the judgment without realising that it was copied from another juddge's decision. Hence, the issue of a lazy judge & the problem of lawyers writing judgments for the judges.

Anonymous said...

In the judiciary your decision stands on the decisions made by other judges.It does not matter if they take from others. My interest here is for judges to be independent because in Islam the judges are appointed by government but once they sit on The Bench they must be independent.