Wednesday 26 February 2014

What is different now Your Honour ?


NOW


Court finds TV3 guilty of defaming Nizar


FEBRUARY 25, 2014




The Court of Appeal here today ruled that TV3 is liable for defaming former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin over his tweets on the WWW1 vehicle registration number which the Sultan of Johor successfully won in a bid. File pic of Nizar and his wife Fatimah Taat outside the Federal Court in Putrajaya. — AFP picThe Court of Appeal here today ruled that TV3 is liable for defaming former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin over his tweets on the WWW1 vehicle registration number which the Sultan of Johor successfully won in a bid. File pic of Nizar and his wife Fatimah Taat outside the Federal Court in Putrajaya. — AFP picPUTRAJAYA, Feb 25 — The Court of Appeal here today ruled that TV3 is liable for defaming former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin over his tweets on the WWW1 vehicle registration number which the Sultan of Johor successfully won in a bid.

A three-member panel chaired by Justice Datuk Mohamad Ariff Md Yusof unanimously allowed Mohammad Nizar’s appeal to set aside the decision of the High Court, which had dismissed his (Mohammad Nizar’s) RM50 million defamation suit against TV3.

Justice Ariff subsequently remitted the case back to the High Court for assessment of damages.

In his ruling, Justice Ariff said TV3 had failed to establish the defence of justification.

He said there was malice in the report by the TV station, adding that TV3 also failed to prove that its report was true or partially true.

“The court is of the view that the High Court’s decision cannot be sustained and is hereby set aside,” said Justice Ariff, who presided on the panel with Justices Datuk David Wong Dak Wah and Datuk Abang Iskandar Abang Hashim. - MMail

AAAjustice


THEN 




Thursday February 26, 2009

JC opts out of Nizar suit


BY M. MAGESWARI


 JC recuses himself from hearing case against Perak MB





KUALA LUMPUR: Judicial Com­missioner Mohamad Ariff Md Yusof has recused himself from hearing the judicial review filed by former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin challenging the validity of his successor’s appointment, saying he made the decision based on the principles of justice.

“The primary concern must be that justice must manifestly be seen to be done,” he said.

Justice Mohamad Ariff noted that his involvement had already courted controversy “whether rightly or wrongly”.

He said his decision was not an outcome or a reaction against adverse comments on blogsites or certain sections of the mainstream media.

“It will be a sorry day for the judiciary if a judge’s conduct has to be conditioned by these extraneous factors, since they will fetter the independence of the judiciary unduly,” he said.

Last week, Justice Mohamad Ariff told the parties concerned that he was considering recusing himself from the case due to his previous active involvement as an adviser and counsel for PAS and PKR in a number of matters.

The judge revealed in court yesterday that he had been a member of PAS with party positions at branch, division and state levels and had also contested in the 2004 general election as a PAS candidate. - TheStar

 



4 comments:

Jermaine Santiago said...

TV3 should file a motion to the Court of Appeal to impugn the court’s decision of Feb 25, 2014 in the Nizar Jamaludin vs TV3 case.

This is because there is enough evidence to prove that the leader of the three-men bench Justice Datuk Mohamad Ariff Md Yusof was biased. Mohamad Ariff should have recused himself from hearing the case, but didn’t.

Here are the reasons why TV3 has a solid case:

1. Mohamad Ariff failed/refused to declare to parties concerned at the beginning of the appeal case that he was/still is a PAS member.
2. He was formerly the Legal Advisor for PAS
3. He enjoyed a working relationship with the plaintiff as they were both comrades in PAS.
4. Both Mohamad Ariff and Nizar contested in the 2004 General Election as PAS candidates.
5. Four years ago, Mohamad Ariff, then Judicial Commissioner recused himself from hearing the judicial review filed by former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin challenging the validity of his successor Datuk Seri Dr Zambry Abdul Kadir’s appointment. He conveniently forgot to recuse himself this time.
6. As a leader of the three-men bench, he could influence the decision of the other two judges ((see OPINIONS OF THE LORDS IN THE PINOCHET EXTRADITION CASE INVOLVING LORD HOFFMAN)
7. He failed to carry out his duty without fear or favour in accordance to the oath he took as a judge.

This is going to be an explosive case..

Nurhafizah Kumat said...

This justice Ariff has clearly gone against the code of ethics for judges and the oath he took when being sworn in as a judge. My Lord, we are not fools. Don't fool us by saying you don't know Nizar Jamauddin. You were the legal advisor PAS and you even contested in the 11th GE together with Nizar.

How can you claim to be impartial?

zaharuddin said...

Hurmmmm. This is not good for a judge to be biased. What is happening.. why a judge can be active in Pas.

Free Piano said...

Free Piano

Hi there, MegaCool blog mate, I really loved this page. I’ll be sure to talk about this to my cousin who would, odds are, love to check out this post too. Found this sites post through the Bing search engine by the way, incase you were curious. Many th…