Critique on Judgment of the Court of Appeal Chin Peng v Government of Malaysia

by M.R. Pearce 1. I have been an observer, on behalf of the International Association of Democratic Lawyers, at proceedings in the above matter in Jaya Putra, Malaysia. I have been asked by the lawyers for the plaintiff, Chin Peng, to prepare a critique of the most recent judgment in the case, that of the Court of Appeal dated 20 June 2008. (Click here to read the Judgment of the Court of Appeal) 2. In summary I consider that the Court of Appeal erred in the following respects: • It failed to appreciate that, since the proceeding was commenced by originating summons, rather than writ, and since no order for discovery had been made, there was no obligation on Chin Peng to give discovery.Read more