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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. Statistics of environmental cases in Malaysia. Year 2009 Year 2010 Year 2011 Year 2012. Challenges in ensuring a judgment or order is executed.
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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
Statistics of environmental cases in Malaysia Year 2009 Year 2010 Year 2011 Year 2012
Challenges inensuring a judgment or order is executed • 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
Destruction of forest of the water catchment area due illegal logging
Characteristic of Civil Society • 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.
Execution of Court Orders and Judgment Thank You