Judge Gibson described defamation proceedings as a "trial by ambush" that may actually prevent the truth from coming out.
"That's not a system of law that is going to attract admiration and respect from other countries or large companies wanting to do business in Australia."
Judge Gibson is calling on her profession to be more courageous and agitate for legal reform.
"If we don't affect changes, we are going to have a significant loss of faith in the courts as the significant provider of justice, and that is a matter of great concern."
Judge Gibson's warning would not be unfamiliar to lawyers in Malaysia who can recall former Chief Justice Eusoff Chin's gross distortion of Malaysia's defamation laws, which then led to a number of other questionable decisions, and consequently loss of faith in Malaysia's courts.
The situation was somewhat reversed when Eusoffe was ejected after a concerted effort by Malaysia's lawyers and journalists, who were assisted in no small part by a story from Australia's ABC Radio Asia Pacific, reported by Di Martin.
A landmark decision of the NSW Supreme Court against Malaysia's Vincent Tan also played a part.
The situation in Australia's courts today, especially in the State Of NSW, is as bad if not approaching that of Malaysia under the reign of Eusoffe Chin.An analysis of how bad may be found in an submission by this writer that can be found on the Department Of Justice NSW website at the links below:
Ganesh Sahathevan [PDF, 125kb] · Gary Duffy [PDF, 645kb] · Google [PDF, 142kb] · John O'Shannassy [PDF 30kb] · Law Council of Australia ...
The Australian Bar and the Law Society Australia have been frequent and forceful critics of judicial corruption in Malaysia'. It is left to be seen whether they are going to be as forceful as courageous as their Malaysian counterparts in removing their Eusoffe Chins.
The Australian Bar and the Law Society Australia have been frequent and forceful critics of judicial corruption in Malaysia'. It is left to be seen whether they are going to be as forceful as courageous as their Malaysian counterparts in removing their Eusoffe Chins.
No comments:
Post a Comment