SAMSIAH LEMAN vs KETUA POLIS NEGARA & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 2083

HIGH COURT MALAYA PULAU PINANG
SAMSIAH LEMAN – Appellant
Versus
KETUA POLIS NEGARA & ORS – Respondent

Table of Content
1. misidentification of decision maker. (Para 1 , 3 , 4 , 5 , 6 , 8 , 10)
2. amendment to parties after limitation is subject to strict timelines. (Para 12 , 13 , 14)
3. importance of timely judicial review for public interest. (Para 19 , 22)
4. application dismissed due to lack of appropriate parties. (Para 25 , 27)

Collin Lawrence Sequerah JC:

A) Introduction

[1] There are two applications before the court. Enclosure (1) is an ex parte application by the Applicant for leave to file Judicial Review under O 53 r 3 (1) of the Rules of 2012 (" ROC 2012"). The application for leave is made pursuant to a decision by the Police Disciplinary Board and communicated to the Applicant via letter dated 26 May 2014 and received by her on 12 June 2014. The impugned decision resulted in the dismissal of the Applicant from the police force. The Attorney General's chambers (AG's chambers) are however, raising a preliminary objection to the leave application.

[2] By way of encl (10), the Applicant seeks to amend their statement under O 53 r 3(2) Rules of 2012 filed in the application for judicial review to substitute a new party as a Respondent, namely, the Police Disciplinary Board, in

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2015 MarsdenLR 2083

HIGH COURT MALAYA PULAU PINANGSAMSIAH LEMAN – AppellantVersusKETUA POLIS NEGARA & ORS – Respondent

Cases Referred (3)

HIGH COURT MALAYA PULAU PINANG
SAMSIAH LEMAN – Appellant
Versus
KETUA POLIS NEGARA & ORS – Respondent