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RICHARD MALANJUM, ZULKEFLI MAKINUDIN, MOHD GHAZALI YUSOFF
YUSOF SUDIN – Appellant
Versus
SURUHANJAYA PERKHIDMATAN POLIS & ANOR – Respondent
| Table of Content |
|---|
| 1. agreement among judges. (Para 1 , 2) |
| 2. understanding of law includes natural justice. (Para 3 , 4 , 5 , 6) |
| 3. facts about the disciplinary proceedings. (Para 8 , 9 , 10) |
| 4. right to be heard and implications. (Para 11 , 12 , 13 , 14 , 15) |
| 5. court's duty to analyze procedural fairness. (Para 16 , 18 , 22) |
| 6. comparison of relevant case precedents. (Para 19 , 20 , 21) |
| 7. call for oral hearings based on requests. (Para 30 , 31) |
| 8. conclusion and final orders. (Para 32) |
Richard Malanjum CJ (Sabah & Sarawak):
(1) I have had the advantage of reading in drafts the respective judgments of my learned brothers, Zulkefli bin Ahmad Makinudin FCJ and Mohd Ghazali bin Mohd Yusoff FCJ.
(2) With respect I am inclined to agree with the draft judgment of Zulkefli bin Ahmad Makinudin FCJ.
(3) I would add that the term law in a given legislation including a written constitution has been understood to encompass both substantive law and procedure including the rules of natural justice.
(4) Thus, in Ong Ah Chuan v. Public Prosecutor And Another Appeal 1980 MarsdenLR 456 Lord Diplock at p. 71 said this:
In a Constitution founded on the Westminster model and particularly in that part
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