Latest news with #defendant
Malay Mail
4 days ago
- Politics
- Malay Mail
If Anwar's constitutional questions are preposterous, absurd and legal nonsense, let the court say it — Hafiz Hassan
JUNE 6 — Cornell Law School offers an insightful read on qualified immunity. It says that qualified immunity is a type of legal immunity that protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a 'clearly established' statutory or constitutional right. A plaintiff is the party who sues in a civil suit. A defendant is the party sued. It says further that qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably. (Emphasis added) When determining whether a right was 'clearly established,' courts in the US consider whether a hypothetical reasonable official would have known that the defendant's conduct violated the plaintiff's rights. Courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case. Qualified immunity is not immunity from having to pay money damages , but rather immunity from having to go through the costs of a trial at all. (Emphasis added) Accordingly, courts must resolve qualified immunity issues as early in a case as possible, preferably before discovery. Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials' actions. (Emphasis added) Although qualified immunity frequently appears in cases involving police officers, it also applies to most other executive branch officials. Does qualified immunity apply to a prime minister in Malaysia? That's the constitutional question proposed to be referred by Prime Minister Anwar Ibrahim for a ruling by the Federal Court. Some, even from the legal fraternity, have vilified Anwar and his legal team for the proposed constitutional questions which have been called preposterous, absurd and 'legal nonsense'. But if they are such, let the court having the ultimate authority say it.
LBCI
6 days ago
- Politics
- LBCI
Beirut Port blast judge summons MP Ghazi Zaiter for questioning on June 13
Judge Tarek Bitar, the lead investigator in the Beirut Port explosion case, has scheduled a questioning session for former Public Works Minister MP Ghazi Zaiter for Friday, June 13. Zaiter is to be interrogated as a defendant in the case.
Khaleej Times
7 days ago
- Business
- Khaleej Times
UAE: Landlord ordered to pay Dh125,000 after failing to deliver rental property
A homeowner has been ordered to pay a tenant Dh125,000 after failing to deliver a residential property despite receiving the full rent amount. The payment had been transferred, at the landlord's request, to his minor son's account, but the property was never handed over as agreed. The ruling was issued by the Al Ain Court for Civil, Commercial, and Administrative Claims. The plaintiff filed a lawsuit seeking to recover the amount he had transferred to the homeowner's son's bank account, based on the father's instructions, according to local media Emarat Al Youm. The plaintiff claimed he had entered into an agreement to rent a home owned by the defendant for an annual fee of Dh125,000. However, after receiving the money, the defendant failed to fulfill the agreement and later denied the existence of any deal, prompting the plaintiff to request the court administer a decisive oath. The court prepared to administer the oath in the following form: 'I swear by Almighty God that I do not owe the plaintiff the amount of Dh125,000, and God is my witness to what I say.' But the defendant failed to attend the hearing, which the court interpreted as an unwillingness to take the oath. As the case resumed, the court decided to summon both parties for further questioning. During the session, the plaintiff clarified that the arrangement was a promise, not a formal rental contract. The defendant said there was no rental relationship and that the money never entered his account. Still, he acknowledged the plaintiff's claim and asked to pay the amount in installments due to financial hardship. The court found that the defendant had not explicitly denied the plaintiff's claims or the submitted evidence and had even requested to repay the money, which the court viewed as an acknowledgment of debt. Moreover, his absence during the oath session was considered a refusal to swear under oath, further supporting the plaintiff's position. In its final ruling, the court ordered the defendant both personally and as the legal guardian of his minor son to pay Dh125,000 to the plaintiff, in addition to covering all court fees and legal expenses
CBS News
02-06-2025
- General
- CBS News
Davis stabbings suspect Carlos Dominguez expected to take the stand Monday
Davis stabbing suspect to take the stand on Monday Davis stabbing suspect to take the stand on Monday Davis stabbing suspect to take the stand on Monday The former UC Davis student accused of going on a deadly stabbing spree is expected to take the stand this week. Carlos Dominguez is set to testify Monday. He has pleaded not guilty in the 2023 stabbings that left two people dead and a third injured. Legal expert Mark Reichel says putting a defendant on the stand in a high-profile case like this is unique. "Anytime someone takes the stand its unusual. But I'm not saying it's a last stitch effort; it may be a very powerful tool by the defense specifical because the jury gets to hear from him and see him," Reichel said. Previously, the trial was put on pause after Dominguez was diagnosed with schizophrenia. Once the trial resumed earlier in 2025, after he was found competent to stand trial, Dominguez has remained stoic and quiet in the courtroom. "He'll get the opportunity to explain it in his own words and it's much better than your lawyer trying to explain it," Reichel said. The attacks spanned across several days, rocking the community of Davis and leaving David Breaux – known in the community as the "Compassion Guy" – and 20-year-old UC Davis student Karim Abou Najm dead. Kimberlee Guillory survived the attacks. She testified in the trial earlier in May. Among the other people who have testified in the case include a former professor of Dominguez as well as an ex-girlfriend. Prosecutors have said they will not be seeking the death penalty against Dominguez if he is convicted.
CNN
27-05-2025
- Politics
- CNN
Judge in Diego Maradona trial stands down following documentary scandal
A judge has stepped down from the criminal proceedings regarding the death of Argentine footballer Diego Armando Maradona. An Argentine court had removed the judge, Julieta Makintach, after one of the defendants in the Maradona trial requested her disqualification due to a possible lack of impartiality and for allegedly authorizing the filming of a documentary during court hearings. Makintach accepted the court's disqualification. In a previous hearing, she had stated that her brother is a partner at the production company mentioned in the case, but it had nothing to do with a potential documentary about Maradona. This is a developing story and will be updated.
