High Court Grounds of Judgment on Tun Mahathir’s Misfeasance Suit against Prime Minister Najib Razak

Interesting findings by the High Court today, on the issue of the non-applicability of the English Common law in our country, because we already have our own sets of laws and the Federal Constitution:-

“The effect of this submission in essense is to suggest that this court should discard or the very least close one eye so to speak to allow common law interpretations instead of applying the clear provisions of the Interpretations Act and Federal Constitution to determine whether the Defendan is a public officer. I see no reason to do that because we have our own legislation over and above the English common law.

“Having had the benefit of the submissions of both sides, I am of the view that this provision reinforced the application of the relevant provision of the Interpretations Act and Federal Constitution as opposed to common law…”

“[I]n this case, since there are already provisions in the Interpretations Act and Federal Constitution as explained, common law should not be applicable in interpreting the terms “public officer” and “public office” … Our own legislative provisions must come as first preference…”

Read the full grounds of judgment here.

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