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Session 8: Execution of Court Orders and Judgment Presented By: The Rt. Hon. YAA Tan Sri Richard Malanjum Chief Judge of Sabah & Sarawak
Session 8: Execution of Court Orders and Judgment
Presented By: The Rt. Hon. YAA Tan Sri Richard Malanjum
Chief Judge of Sabah & Sarawak
Year 2009
Year 2010
Year 2011
Year 2012
Statistics of environmental cases in Malaysia
Registration Disposed of Pending952 865 379
Registration Disposed of Pending1101 1112 368
Registration Disposed of Pending638 797 209
Registration Disposed of Pending398 430 177
Constraints on the courts◦Highest sentence – 6 months◦Highest fines- RM250,000.00◦The legislations providing for lenient penalties
◦Absence of restitutions against offenders
◦Large corporations merely asked junior officers to appear for them thus the responsible officers escaped
Challenges inensuring a judgment or order is
executed
In civil cases more often than not damage irreversible by the time actions are heard◦Forest destroyed ◦Dams completed and impounded
Underhand tactics by big corporations ◦Use of thugs
Challenges inensuring a judgment or order is
executed
Pending legal action
Unsafe water from the source due to deforestation
Destruction of forest of the water catchment area due illegal logging
The Murum Dam
The Murum Dam protest
The Murum Dam Court case
The cultural characteristic of the Malaysian people is another factor that cannot be ignored as it assumes a crucial role in the way environmental rules and regulations are being enforced.
Malaysians are known to suppress their inner feelings in order to avoid criticism, conflict, disagreement and controversy in conducting all interpersonal relations in a smooth and unthreatening manner.
The Southeast Asian style of dealing with unpleasant or dangerous
situations is avoidance and silence, repressing emotions with the hope that the problem will disappear if matters are smoothed over.
Malaysians failed to realise that environmental protection is not a matter exclusively to be dealt with by the government, but a matter that requires full social participation to ensure successful results.
Characteristic of Civil Society
Thank You
Execution of Court Orders and Judgment
![[attach.] - NSW Supreme Court · If your solicitor, barrister or you do not attend the hearing, the court may give judgment or make orders against you in your absence. The judgment](https://static.documents.pub/doc/80x56/5e7e3045a293f3046a6f23cd/attach-nsw-supreme-if-your-solicitor-barrister-or-you-do-not-attend-the-hearing.jpg)
