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I refer to your report Judiciary, bureaucracy blamed for unresolved religious issues which appeared on June 26.

I was quoted in your said article as having said: 'Based on my experience handling such cases, the judges do not dare (to set a precedent) nor do they care enough to do so.'

From my recollection, I did not make such a statement.

During the presentation, I commented on how decided cases revealed a trend amongst the courts to decide the matter of jurisdiction - of the civil and Syariah courts respectively - by reference to the power (or legislative competence) to legislate as opposed to actual enacted law.

I suggested that this was legally incorrect as only enacted law had the force of law. In connection with this, I did reflect that I failed to understand judicial thinking on this and could only come to the conclusion that courts did not appear to fully appreciate the realities of the situation on the ground, and that this did not appear to be a priority.

I would be grateful if steps could be taken to correctly reflect my position on this matter.

Editor's note

: Malaysiakini respectfully notes the writer's position vis-a-vis the article mentioned. We nonetheless stand by our report, which was based on remarks made during the public seminar's Q&A session.


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