'Any observer would find it strange that judges could decide before having backed up the decision with solid reasons. And they should not be taking so much time writing them out.'
On Nizar appeals, seeks 11-member bench
SH Huang: The Appeals Court gave a five-minute decision while the High Court judge gave a 78-page written judgment on who is the rightful MB of Perak.
I would have thought that, like proving a geometrical theorem, you give the 'grounds’ first and having weighed the evidence, as the chief justice had pointed out, come to a decision.
But giving the decision without first giving the 'grounds' would be tantamount to putting the cart before the horse. In proving a theorem, we give our 'grounds' (reasons) to convince the reader or examiner that we have proven our case.
Then, and only then, do we write Q.E.D which stands for 'quod erat demonstrandum' which means 'that is what I wanted to prove and I have proved it.'.
A good judge will 'prove' his decision by giving all the grounds (reasons). He does not jump to the conclusion without showing why his decision is such and such.
In my view, the High Court judge did a good job. He was meticulous and read out all the authorities.
Backed up by solid evidence, he came to the conclusion that Nizar was the rightful
On the other hand, the
After having given their decision that Zambry was the rightful MB, they said that they needed time – one week – to give the 'grounds' of their decision.
Any right-thinking observer would find it strange that judges could write Q.E.D. first before having backed it up with solid reasons.
If they had the reasons handy, they should not be taking so much time writing them out.
It is 'quod erat demonstrandum'. Not 'Quite Easily Done’.
(Extract from Malaysiakini's VOX POPULI)
Perakians' legal MB Nizar is asking for 11 judges, Are there 11 "clean" judges? HANTU swears that his uncle is clean but the number of "clean" is negligible. We have a lawless law court. You just got to read the Honorable NH Chan HERE
IS THE TIME RIGHT
TO BRING BACK
THE JURY SYSTEM?
Read more HERE