Friday, February 12, 2010

Has injustice been rectified? Boonsom Boonyanit

http://archives.thestar.com.my/last365days/default.aspx?query=long+tale+of+the+lost+land
Please see the story as reported in The Star Saturday 13 February 2010.

We believe that the court is the place for us to get justice and has any injustice rectified. However, the casef Boonsom Boonyanit tells a different story. If a case took ages to be resolved you will end up not able to taste the fruit of the your long wait or if you can pluck the fruit it taste bitter.

Thus, thats the reason when Rawls describes about justice he describes not only on legal justice but other forms of justice including distributive and social justice. Legal justice cannot stand alone, it needs the support of the other two forms of justice. Prbably there should be another form of justice i.e. administrative justice. The administrative body has to make sure in conucting their business and affairs everyone is treated fairly and effort are taken not to cause prejudice to the right of the public. In Boonsom case proper examination on the status of land prior to further transaction. People might think justice is served to Boonyamit,but what about those parties who 'bona fide' constitute the chain of the transaction. What will happen to them?

Thinking that it is only the court who may deliver justice is wrong, the whole government machinery must work hand in hand to ensure that the rights of all persons are taken care of. Failure of any of the government machinery is very costly. In Boonyamin case, the company has lost faith to invest in Malaysia.

There must be a serious effort on the government part to ensure that things are in order and other forms of justice is put in place.

Monday, February 8, 2010

The Ethics of Reporting Court Cases

Our newspaper had eagerly published sensational cases daily to the extent of causing uneasiness among the public. Our journalist should give attention to Section 3 of the JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1962 (REVISED 1973) ACT 114
which provides:

It shall not be lawful for the proprietor, editor or publisher of a newspaper or periodical to print or publish, or cause or procure to be printed or published—

(a) in relation to any judicial proceedings any indecent matter or indecent medical, surgical or physiological details being matter or details the publication of which would be calculated to injure public morals; and

(b) (i) in relation to any judicial proceedings for dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights; or

(ii) in relation to any domestic proceedings, any particulars other than the following, that is to say:

(I) the names, addresses and occupations of the parties and witnesses;

(II) the grounds of the application or a concise statement of the charges, the defences and counter charges in support of which evidence has been given;

(III) submissions on any point of law arising in the courts of the proceedings and decision of the court thereon; and

(IV) the judgment of the court and any observations made by the court in giving it:

Provided that nothing in this paragraph shall be held to permit the publication of anything contrary to paragraph (a).