Tuesday, March 30, 2010

Matter of fact? Matter of law?

This is the so-called blurred line where judges are experts in drawing the distinction between matter of facts and matters of law. For the purpose of practical proceedings before a court, matter of facts can only be pleaded before a trial court ie. High Court or any other subordinate court. An appellate court does not entertain any matter of facts, as it is obliged to review only matters of law appealed before it so as to exercise its appellate jurisdiction. In short, an appellate court such as Court of Appeal or Federal Court in Malaysia is bound to respect the finding of facts in High Court, unless there is an error of law in either substantive or procedural matter that can jeopardize such finding. All these are basic legal knowledge that I have already absorbed generally in my 1st year of Legal Method studies.

The judges sitting on the bench of Court of Appeal in the case of Abdul Malek ought to resit for their legal examination in this subject. Don't worry, I won't charge exorbitant tuition fee in this respect. But you owe Malaysians a justice seen to be done. =)

No comments:

Post a Comment