KUANTAN: Chief Justice Tun Arifin Zakaria (pic) has lambasted a retired judge for his remarks that judges are “soft” on graft offenders.
Arifin said former Court of Appeal judge Datuk Mohd Noor Abdullah should not have made a general statement without backing it up with statistics.
“With respect to him, it is a very general statement. There are no statistics or any particular case mentioned to back up his statement. It’s like empty talk, sorry to say,” Arifin told reporters after launching the second phase of the e-Courts online filing system at the Kuantan Court Complex here yesterday.
He was commenting on Mohd Noor’s statement that judges are “soft” when it comes to meting out sentences in corruption cases.
Mohd Noor told reporters at an event on Tuesday that those guilty of corruption should be jailed instead of being fined a paltry amount.
Arifin said all judges, including ex-judges, should be more careful when issuing statements as they were held in high regard by the public.
“The people take the words of ex-judges seriously. So it is quite unfair to the judiciary without actually going through the statistics. If you want to make such a statement, do a proper study first.
“I am surprised that an ex-judge made a general statement because when judges speak, they always back it up with facts or law. We just don’t talk generally so I expect an ex-judge to apply the same,” said Arifin, who is retiring tomorrow.
When contacted in Petaling Jaya, retired Federal Court judge Datuk Seri Gopal Sri Ram also hit out at Mohd Noor saying, “It is most unfair to criticise courts on issues of sentencing without first conducting a survey and collecting and analysing facts and figures. Talking without facts reflects an empty mind.
“The courts always give primacy to the public interest when sentencing accused.
“The Public Prosecutor, as a matter of policy, presses for and obtains a deterrent sentence.”
“It is not correct to say that courts are not severe when dealing with corruption cases,” he added.
Attorney-General Tan Sri Mohamed Apandi Ali, who is a former Federal Court judge, observed that judges had been fair in imposing sentences for corruption cases.
He said judges meted out sentences based on the facts of case.
“You can’t paint all judges as soft. They are duty-bound to impose sentences based on the law and the facts for each case,” said Mohamed Apandi when contacted by The Star.
Apandi said corruption cases were tried or heard by experienced Sessions Court judges.
“Those Sessions Court judges have 10 years or so of experience. You can’t paint them as soft. Some (judges) maybe lenient but to say all judges are soft is incorrect,” he said.
“To me, if the sentencing is in accordance with the law, it is fine,” he added.
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