8
TUESDAY, NOVEMBER 15, 1988
"PUBLIC CONFIDENCE IS THEREFORE OUR THE COURTS ARE NIL."
LIFEBLOOD, WITHOUT WHICH
THE IN HIS SPEECH ENTITLED "RECRUITMENT OF THE PERFECT JUDGE",
THE PUBLIC WOULD EXPECT CHIEF JUSTICE EXPLAINED THE QUALITIES THAT FROM JUDGES.
HE POINTED OUT THAT A COMPETENT KNOWLEDGE OF THE
LAW, THE SAME AS A COMPETENT WORKING KNOWLEDGE OF THE THE THREE CRITERIA FOR JUDGES.
THE CHIEF
JUSTICE
LAW WAS NOT THE FIRST OF
SAID THAT WHAT WAS
AS THE JUDGE IMPORTANT AND OF
TO EXPLAIN IT, LISTENED TO THE EVIDENCE, HE HAD TO DECIDE UNIMPORTANT AND WHAT WAS THE LAW TO BE APPLIED GIVEN A CERTAIN SET FACTS.
OF "BUT IN ORDER TO DETERMINE THE FACTS HE IS TO APPLY THE LAW
AND REJECT EVIDENCE, TO CONSIDER EVIDENCE WHICH IS ADMISSIBLE IN LAW THAT WHICH IS NOT,' HE SAID.
"HAVING ARRIVED AT HIS CONCLUSION ON THE FACTS, THE LAW TO BE APPLIED TO THOSE FACTS."
HE DETERMINES
MISUNDERSTANDING OF THE SIR TI LIANG SAID THAT IF, THROUGH A
OF FACTS, THEN APPLYING EVIDENCE, ERRORS WERE MADE IN THE FINDINGS
THE
AND WOULD PRODUCE
WRONG RESULTS FACT THE WRONG THE LAW TO
FACTS TO THE CORRECT
WOULD ALSO SIMILARLY AFPLYING THE WRONG LAW RESULT IN AN ERRONEOUS JUDGEMENT.
"IN ORDER TO AVOID THE PITFALLS I HAVE ALLUDED
A
HUMAN KNOWLEDGE OF POSSESS MUST NECESSARILY COMMONSENSE, AND A CLEAR MIND," HE SAID.
TO, THE JUDGE
AFFAIRS,
MUCH
MUST NOT THE CHIEF JUSTICE EXPLAINED THAT THE MAXIM, "JUSTICE BE DONE" WOULD BE
BEST THE THE SECOND OF THE THREE
ONLY BE DONE BUT MUST ALSO BE SEEN TO
TEMPERAMENT, JUDICIAL WORDS TO DESCRIBE CRITERIA FOR JUDGES.
++
IF
A
OR
BOASTFUL, FRIVOLOUS OR RUDE, JUDGE IS POMPOUS
CONTROVERSIAL AND ARGUMENTATIVE, STUBBORN OR DEFIANT, UNJUSTIFIABLY
HIS JUDGEMENT BB PATENTLY LAŻY OR INATTENTIVE, THEN CLEARLY EVEN IF
DONE, KE CORRECT, THERE IS A FEELING THAT JUSTICE IS NOT SEEN TO BE SAID.
REMEDY GUILTY OF
THE JUDGEMENT, SIR TI LIANG SAID THAT UNLIKE AN ERROR MADE IN WHICH MIGHT BE CORRECTED ON APPEAL, THERE WOULD BE NO JUDICIAL TO REDRESS THE GRIEVANCE A PARTY MIGHT FEEL IF A JUDGE WAS THE SHORTCOMINGS.
"BUT IT