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Order in the court

Article Abstract:

A Maylasian judicial decision raising the standard of proof in criminal prosecutions has sparked controversy. The court ruled that the prosecution must prove its case "beyond a reasonable doubt" rather than the prior standard requiring only evidence that "is not inherently incredible." The decision will affect 400 pending appeals and make establishing a case harder. Lawyers think the government may amend the criminal procedure code. Some lawyers think the government should respect the decision. Other lawyers and the prime minister think the new standard too lax.

Author: Jayasankaran, S.
Publisher: Review Publishing Company Ltd. (Hong Kong)
Publication Name: Far Eastern Economic Review
Subject: Business, international
ISSN: 0014-7591
Year: 1996
Burden of proof, Evidence (Law), Judicial process

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Double whammy

Article Abstract:

Malaysian financial-services conglomerate MBf Holdings became embroiled in apparent forum-shopping in Aug 1995 when two judges heard cases involving the same matter. MBf sought to keep East Asiatic Co from selling 72 million shares of MBf stock in Justice Datuk KC Vohrah's court. Before that was resolved, three MBf-related companies sought several declarations regarding the same shares before Justice Low Hop Bing. A highly public dispute ensued between attorneys for the two groups before Vohrah ordered the cases consolidated.

Author: Jayasankaran, S.
Publisher: Review Publishing Company Ltd. (Hong Kong)
Publication Name: Far Eastern Economic Review
Subject: Business, international
ISSN: 0014-7591
Year: 1995
Cases, MBF Holdings Bhd.

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Courting concerns: recent cases raise questions about legal system

Article Abstract:

Two typical commercial disputes in Malaysia have given rise to remarkable lawsuits and publicly raised concerns that litigants in the legal system may be able to pick their judges. Complaints and concerns are now widespread among business and legal circles, including top judges. One case involved two listed companies, Insas and Ayer Molek, and resulted in a High Court decision, sharp criticism of that judge by the Court of Appeal, and an equally harsh rebuke of the Court of Appeal by the Federal Court.

Author: Jayasankaran, S.
Publisher: Review Publishing Company Ltd. (Hong Kong)
Publication Name: Far Eastern Economic Review
Subject: Business, international
ISSN: 0014-7591
Year: 1995
Justice, Administration of, Administration of justice

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Subjects list: Laws, regulations and rules, Malaysia
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