Judges with Bornean experience to hear Sabah, Sarawak cases


inister in the Prime Minister’s Department Liew Vui Keong says the federal government is working to ensure that Sabah and Sarawak become equal partners in the federation. – The Malaysian Insight pic by Nazir Sufari, January 19, 2020.

PRIORITY will be given to judges with Bornean judicial experience to hear cases filed in Sabah and Sarawak at the Court of Appeal and Federal Court stages, said Minister in the Prime Minister’s Department Liew Vui Keong.

Liew agreed with a suggestion by Sabah Law Society president Roger Chin that judges with Bornean experience be represented in the judicial system for appeals arising in those two states.

At the opening of the Legal Year 2020 in Kuching on Friday, Chin said such judges would be able to appreciate or take judicial notice of the local conditions, culture and context within which the law operates.

“I agree entirely,” said Liew in a statement today.

“There are at many times cases involving unique Bornean local conditions, culture and customs that may only be best appreciated by judges with Bornean judicial experience.”

Putrajaya, Sabah and Sarawak last year agreed on the importance of Bornean representation and this was one of 17 issues that the special cabinet committee to review the implementation of the Malaysia Agreement 1963 is working on.

“It will be resolved administratively by the Attorney-General’s Chambers and the Office of the Chief Registrar of the Federal Court.

“This achievement of the special cabinet committee stands unprecedented in Malaysia’s legal history and once more underscores the tremendous effectiveness of this highest-ranking decision-making committee.

“The federal government will continue to work with the state governments of Sabah and Sarawak in ensuring that the interests of Borneo are preserved and upheld, and that Sabah and Sarawak become equal partners in this federation,” Liew said.

Chin in his keynote address on Friday said justice would not be served if judges who such lack experience heard appeals cases from the Bornean states.

“With greatest of respect, without an understanding of the history and culture of Sabah and Sarawak, especially that of its natives, a judge, no matter how brilliant and otherwise qualified, will not be able to show empathy and understanding towards parties whose lives are affected by their decisions,” he said. – January 19, 2020.


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