Latest news with #NazlanGhazali
Free Malaysia Today
05-08-2025
- Free Malaysia Today
Mother, special needs son fail in appeal over ‘bullying' lawsuit's dismissal
The Court of Appeal emphasised that bullying has no place in society but said evidence in the case was insufficient to prove that the boy had been victimised. PUTRAJAYA : The Court of Appeal has dismissed an appeal brought by a mother and her disabled son against the government and a special needs school over their alleged failure to protect the boy from being bullied. The appellant, now 27, was diagnosed with attention deficit hyperactivity disorder and Asperger's syndrome. In 2017, the mother and son initiated legal action against the school, located in Shah Alam, naming its then headmaster, the education ministry, and the government as defendants. The duo argued that the school and authorities had a duty to provide a safe and supportive environment for students with special needs, and to ensure that teachers and staff were adequately trained to manage such students. The High Court dismissed the lawsuit in 2023, saying the mother and son had failed to prove their claim against the defendants on a balance of probabilities. In upholding the lower court's finding, Justice Nazlan Ghazali said the mother failed to establish that her son had been bullied on four occasions between May and November 2016. Also on the panel hearing the appeal were Justices Azmi Ariffin and Faizah Jamaludin. Nazlan also noted that the boy did not testify in his own case, with only his mother giving evidence. 'On top of all that, we also find that the plaintiffs' case on the alleged incidents could not succeed as the individual, known as 'H', who allegedly harassed and assaulted the boy, was neither named as a party nor subpoenaed to give evidence. 'We also find that the plaintiffs' argument that the boy was incapable of testifying does not hold water. Any person is competent to testify unless the court considers it otherwise,' said Nazlan. The court emphasised that bullying has no place in society but said the evidence in the case was insufficient to prove that the boy had been victimised. 'There could have been disagreements or even altercations, especially involving the boy and 'H' — but the courts make decisions based on facts and evidence,' Nazlan added.
Free Malaysia Today
14-07-2025
- Politics
- Free Malaysia Today
5 appellate judges may be elevated to Federal Court, say sources
Five appellate court judges in consideration for elevation are believed to have accumulated more than 10 years' experience in presiding over criminal and civil cases. PETALING JAYA : Five judges of the Court of Appeal could be elevated to the Federal Court to fill vacancies created by retirements of several senior judges, including that of Tengku Maimun Tuan Mat as chief justice, according to sources. It is learnt that among those in contention for elevation are appellate Justices Azizah Nawawi and Nazlan Ghazali, who on several occasions have been co-opted to sit on the Federal Court bench. Separately, six Federal Court judges could be in the running to fill the posts of chief justice and president of the appeal court. They are said to be Justices Rhodzariah Bujang, Nordin Hassan, Abu Bakar Jais, Vazeer Alam Mydin Meera, Ahmad Terrirudin Salleh (the former attorney-general), and Lee Swee Seng. Sources told FMT that the promotion of the five appellate court judges – with one or two slated to occupy administrative positions in the judiciary soon – was one option to fill Federal Court vacancies, with the other option being to adopt the recommendations of the Judicial Appointments Commission. The five appellate judges under consideration have risen through the ranks and have accumulated over 10 years of experience on the bench, presiding over criminal and civil cases. Among them are those appointed judges from the legal service (the Attorney-General's Chambers) or lawyers who were made judicial commissioners, before becoming High Court judges and later elevated to the Court of Appeal. The five vacancies on the Federal Court arise from the retirements of chief justice Tengku Maimun, Court of Appeal president Abang Iskandar Abang Hashim, and Federal Court judges Harmindar Singh Dhaliwal and Abdul Karim Abdul Jalil, while the chief judge of Sabah and Sarawak, Abdul Rahman Sebli, will retire on July 24. The functions of chief justice and Court of Appeal president are currently being performed by Chief Judge of Malaya Hasnah Hashim and Federal Court judge Zabariah Yusof respectively. Legal sources told FMT that the next chief justice and Court of Appeal president could be chosen by the government based on the recommendations of the Judicial Appointments Commission chaired by Tengku Maimun. However, Prime Minister Anwar Ibrahim is not bound to follow the recommendations when advising the Yang di-Pertuan Agong on making the appointments, the sources said. Separately lawyer A Srimurugan said the public and the legal fraternity want the appointing authority to pick judges of impeccable character and ability, as they are the guardians of the constitution and to uphold the rule of law. 'One of the key criteria is to provide far-sighted judgments as judgments set a precedent and are akin to legislation that must be followed by all lower courts,' he told FMT. Another lawyer, Syed Iskandar Syed Jaafar, said the prime minister should also consider the appointments commission's proposals, which are based on the criteria of integrity, competency and adequate experience, ability to make timely judgments and good legal writing skills. 'The prime minister, too, must be transparent and accountable to Malaysians, who deserve the best candidates to helm the judiciary,' Syed Iskandar said.
Free Malaysia Today
16-05-2025
- Politics
- Free Malaysia Today
Muslim convert fails in bid to return to Christianity
The Court of Appeal today reaffirmed that shariah courts have exclusive jurisdiction in cases involving the renunciation of Islam, and the civil courts cannot interfere. PUTRAJAYA : The Court of Appeal here has dismissed a Muslim convert's attempt to renounce Islam and revert to his original faith of Christianity. Justice M Nantha Balan, who chaired a three-judge panel, held that the man's appeal had no merit. Sitting with him were Justices Nazlan Ghazali and Azmi Ariffin. The 47-year-old man married a Muslim woman in 2010. However, they divorced five years later. In 2016, he filed an application in the shariah court to renounce Islam, but was ordered to attend 'counselling sessions' instead. The shariah court subsequently dismissed his renunciation application and ordered that he undergo further counselling sessions. The man's appeal to the shariah appeals court was also rejected. He then turned to the civil courts seeking to nullify the shariah court's decision, and sought a declaration that he is entitled to profess his original faith. His legal challenge was dismissed by the High Court in 2023. Nazlan, who read out the judgment today, said the civil court had no jurisdiction to hear cases from the shariah courts. 'This is not a case of him never being a Muslim but a renunciation (of Islam). 'We affirm that shariah courts have the exclusive jurisdiction to hear these cases and civil courts cannot interfere,' he added. The court also noted that the shariah court had dismissed the man's application to renounce Islam on grounds that the evidence presented was 'insufficient'. 'He can apply again before the shariah court,' Nazlan said, noting that there had been cases of successful renunciations. The court made no order as to costs. The man was represented by lawyers Iqbal Harith Liang and Firdaus Danial Tan, while senior federal counsel Idayu Amir appeared for the federal government.
