APRIL 7 — There is a distinction between “trial” and “hearing.” The words are not synonymous. “Trial” is a court process generally conducted in open court where the...
APRIL 7 — There is a distinction between “trial” and “hearing.” The words are not synonymous.
“Hearing”, as in the phrase “hearing of the suit”, means the hearing at which the judge takes down the evidence or hears argument or considers questions relating to the determination of the suit which enable him finally to come to an adjudication upon it . Now, “to hear” is to listen, according to the Shorter Oxford Dictionary, which also defines it as “to be informed of; to be informed; to learn.”Najar Singh v Government of Malaysia & AnorThis takes us to the four Notices of Motion which constitute the applications for review under Rule 137 of the Rules of Federal Court 1995 by which former prime minister Datuk Seri Najib Razak sought a review of four decisions of the Federal Court delivered on August 16 and 23, 2022 respectively.
The right of an accused to receive a fair trial according to law is a fundamental element of our criminal justice system. “As for the consequential order to be made, the proper order in my view would be an order of acquittal and discharge for all the offences that the applicant was charged with.
Among others, it was said that a fair trial was not possible because of the hostile exchanges between the advocate and the trial judge.
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