The Alleged Plagiarist Judge is still around


December 29, 2011

The Alleged Plagiarist Judge is still around

by S Pathmawathy@www.malaysiakini.com

Veteran lawyer Karpal Singh today renewed his call for Court of Appeal Judge Abdul Malik Ishak’s resignation for keeping mum on the allegation of plagiarism made against the Judge.

Demanding that Justice Abdul Malik quit in the public interest, Karpal said the judge had committed a “serious act of misconduct”.

“He is no more a fit and proper person to continue to hold the high office in the Court of Appeal. It goes without saying that his continued occupation of that high office is an embarrassment to the Judiciary,” said Karpal, who is also the DAP’s Bukit Gelugor MP.

The allegation against the Judge was first reported in 2000 and caused a row between Singapore and Malaysia. Former Minister in the Prime Minister’s Department Rais Yatim, who held the law and parliamentary affairs portfolio when Singapore authorities lodged the complaint in 2000, has said he does not the know the outcome of the complaint as he had left the portfolio in 2004.

Retired Singapore Judge GP Selvam brought up the issue when he claimed that his judgment had been plagiarised in a copyright matter. According to reports quoting Selvam, the Malaysian Judge had backdated his judgment as if to reflect it was his own.Karpal had sent a letter to the Judge on August 22 and given him seven days to respond. However, there has been none to date.

The senior lawyer wrote another letter on September 29, informing the Judge that since he did not reply to the claim of plagiarism, it amounted to an admission of the misconduct.On October 4, while Parliament was in session, Karpal, submitted a motion – supported by 59 Pakatan Rakyat MPs – calling for a tribunal against Abdul Malik to answer to the plagiarism charge.

“You have, despite your silence all along over the serious allegations I’ve made against you, if untrue, the remedy to sue me for defamation as I’m going public on the allegation,” said Karpal, in a letter that was delivered by hand to Abdul Malik yesterday.

He offered Abdul Malik another seven days to counter the claims, otherwise take the silence as a “public admission” of being guilty of plagiarism.

‘The Speaker should hold sway’

As Parliament was adjourned on December 1, Karpal’s private motion lapsed, as it is in the powers of the ruling government to call the shots when it comes to motions. This, Karpal added, should not be the way. “Rightfully, it should be the speaker who should hold sway regarding proceedings in Parliament.

”Prior to this the identity of the Judge was blanked out by the media, pending the right to reply to the allegations. However, it was finally published by Malaysiakini when Karpal appeared before the alleged plagiarist, Judge Abdul Malik Ishak, asking for his recusal to hear an appeal in a case related to a drug offence.

Prior to the accusation against Abdul Malik of having committed plagiarism, the judge had heard an appeal related to Opposition Leader Anwar Ibrahim’s second sodomy charge. In the course of the appeal, Abdul Malik had allegedly maligned Anwar and his lawyer Karpal in a written judgment.

Upon appeal at the Federal Court, however, the comments were expunged. Asked if Karpal had a personal vendetta against the judge following the remarks, he said: “I’ve nothing personal against him. This is just out of public interest.”

23 thoughts on “The Alleged Plagiarist Judge is still around

  1. Well, this Judge took the easy way out, in stead of writing his own judgment. For that, he must now face public and professional censure or clear his name. Will the Government take action? What is your answer? I know mine.–Din Merican

  2. To Judge Abdul Malik Ishak,

    Your Honour, please do the right thing, for your family’s sake.

    It is not worth it, staying on and remaining quiet and getting all the insults and side-remarks from the attack-dogs in the media..

    And it is not worth anymore staying on the Bench when Malaysians and the rest of the world don’t have much respect for the integrity and independence of the Malaysian judiciary.

    You get better emotional rewards by spending better quality time with your children (and grandchildren)

    Happy new year 2012 and have a peace of mind.

  3. He could have outsourced it to V.K. Lingam who has created a template for judgments on the issues.

    Today plagiarism among college students is becoming common; and universities and colleges use internet software and internet engines to detect cases of cyber plagiarism.

    With a judge it is much more serious as in all cases of intellectual dishonesty. Care should be taken when borrowing phrases. What is there to stop the writer from citing sources from which they quote instead of using like they are their own? The internet with its cut and paste available on the click of a mouse has made it that much easier. This judge has found himself in a Catch-22.

    He has found himself embedded in between the jaws of an angry lion i.e. the Lion of Jelutong. This lion is not going to let go. Someone will need to put a dart in the lion’s ass for that to happen.
    ____________
    This Lion of Jelutong is already angry. If provoked further, he will run wild. Penang Deputy CM Ramasamy is already finding that out.–Din Merican

  4. It is common for Courts and Judges to cite decisions made by other Judges or Courts. I do not think that it is an issue for disciplinary action. The other issues such as inconsistent application of the rule of law that need urgent attention. To me this issue is just a red herring.
    ___________
    The Judge can cite decisions made by other Judges (or precedents) but to plagiarize someone’s judgment is serious, and that is totally unacceptable. Judge Malik should be made to appear before a special tribunal and explain himself. And then it is up to the tribunal to decide on his future. It is a symptom of how rotten our judiciary has become, that judges are lazy to write their judgments. V.K. Lingam used to be a ghost writer of court decisions.

    There is no Rule of Law if judges are dishonest and corrupt. That is why there is “inconsistent application of the Rule of Law”.–Din Merican

  5. “It is common for Courts and Judges to cite decisions made by other Judges or Courts.” Anon

    When you borrow words and phrases used in rulings made by other judges, you are required to make citations naming your sources to avoid allegations of plagiarism. It is that simple. Not to do so will mean you are intellectually dishonest.

    When college students have their diplomas and degrees withheld pending investigations, you expect our judges to go with just a slap on the wrist? Such cavalier attitude towards the practice of plagiarism among members of the academia, let alone judges, is shocking enough. This judge should resign and spare his colleagues on the bench the embarrassment of having to justify his actions.

  6. This judge deserves a spanking from bro Karpal — and made to write lines 1,000 times “I will not plagiarize the work of honorable members sitting on the Bench”. After that he should be sent to a newly set up Rehabilitation Camp for errant judges for the next two years to learn essay writing and answer multiple choice questions on professional responsibility.

  7. Temperatures are plunging and has dropped below 30 F. It is going to snow anytime now. This judge should be made to do community service and made to shovel snow for an hour a day for the next 365 days.

  8. Surely the innards are ’80-90’s made in China stuff. This flur’s soul was sold to UMNO lock, stock and barrel. Too lazy to even look up a thesaurus for synonymous wordings. Or change the vocabulary and punctuation marks a wee bit. But then, where ‘Towering Judges’ got any sense of malu or kemaluan anymore.

    Hahaha.., and they wanna to implement intellectual property rights? Yeah, Right – including the concept called 1Malaysia!

  9. This judge no malu and so the statement “This judge got no kemaluan” stay in the public domain. No need to cite “TeloqBesaq”. btw check TeloqBesaq for new messages.

  10. Kemaluan’s a generic adjective which can be used as a noun. Not so sure if used as a verb. However, TeloqBesaq is definitely a trade-mark. A brand even.. These plagiarizing flurs certainly don’t have that brand – ‘kecik’ maybe. The only besaq thing about them is their egos and pompous buttocks from sitting around too much.

  11. plagiarism should be treated seriously. it is a crimanal offence. a popular german defense minister had to resign, last year, after accusations of plagiarism in his PhD thesis surfaced, he submitted photostat copies, did not bother to write! the ex german kanzler Helmut Kohl’s timely removal of his PhD thesis from public view saved him from similar fate during his time as bundeskanzler.

  12. ‘Kecut teloq’ is another term used during the crisis of the mid ’80s between Mahathir and the Royals. Acknowledgement has to be given to the author who coined the term. But first you need to find his identity. Or could it be a Malay proverb or something?

  13. hahahaha..why bring kathy in this discussion abt teloq lah..wehhh? perhaps the judge has too many teloq kot..teloq besar, teloq kecik, kecut teloq, teloq angsa, itek etc…?

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