Allbet

Apex court can act on written submissions without oral ones

Allbet登录网址 2022年08月27日 体育 6 0

足球博彩平台www.hg108.vip)是一个开放皇冠即时比分、代理最新登录线路、会员最新登录线路、皇冠代理APP下载、皇冠会员APP下载、皇冠线路APP下载、皇冠电脑版下载、皇冠手机版下载的皇冠新现金网平台。足球博彩平台上登录线路最新、新2皇冠网址更新最快,足球博彩平台开放皇冠会员注册、皇冠代理开户等业务。

THE authorities are clear, and the lawyers are right. The Federal Court can make a ruling even if there are no submissions from former prime minister Najib Razak’s counsel.

Then Court of Appeal judge Abang Iskandar Abang Hashim in a 2018 case of Mohamad Salleh Ismail & Anor v Nurul Izzah Anwar & Anor said: “Submissions, whether they be oral or written, play an important role in assisting the court in appreciating the evidence and the legal principles in play in a case. But submissions, be they written or oral, are built upon the available evidence or materials already before the trial court. 

“They put into context the respective cases for the litigating parties and how they would present their perspectives in order to convince the court in order to get a favourable decision. No amount of submissions, be they written or oral, amount to evidence.

“There is therefore nothing in the submissions that the court did not already hear during the course of the trial. That said, there are no express legal provisions that have exalted the position of oral submission such that it must, without fail, be extended by the court to counsel in all cases.

“Rather, it would depend on the particular judge whether any submission needs to be filed by any party at the end of the whole case before a decision can be made. In some cases, the need for any submissions may not be relevant at all. 

,

免费足球贴士www.hgbbs.vip)是国内最权威的足球赛事报道、预测平台。免费提供赛事直播,免费足球贴士,免费足球推介,免费专家贴士,免费足球推荐,最专业的免费足球贴士网。

,

“Indeed, even after directing parties to file written submissions and for them to submit orally, there is nothing to prevent the court from changing its mind and to proceed on only the written submissions to decide even without the ‘benefit’ of reading written submissions or hearing oral submissions.

“In short, it would suffice for the court to act on written submissions only, in the absence of oral submission. Indeed, they may amplify the effect of the application of certain legal principles which may be in play. As such, nothing much can turn on the lack of oral submissions having been heard from both counsel before the learned trial judge came up with her decision.”

With such clarity, there is no more succinct statement on the legal position. 

Abang Iskandar Abang Hashim is currently Chief Judge of Sabah and Sarawak and one of the five judges in the panel of the apex court panel hearing the final appeal of Najib in the SRC International Sdn Bhd case. – August 21, 2022.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


转载说明:本文转载自Sunbet。 Allbet声明:该文看法仅代表作者自己,与www.allbetgame.us无关。转载请注明:Apex court can act on written submissions without oral ones
发布评论

分享到:

足球免费贴士网:Malaysia’s key rate to increase to 3% in 1Q23
你是第一个吃螃蟹的人
发表评论

◎欢迎参与讨论,请在这里发表您的看法、交流您的观点。