Justice Vazeer Alam Mydin Meera said the law provides only a three-year period within which anyone wishing to sue the government or its officers must do so.

He cited as example a landowner’s suit against the Penang director of lands and mines which he was forced to dismiss despite the state government conceding that the director was negligent.

Speaking at a Bar Council forum on law reform, the judge said he had no choice but to dismiss the suit brought by the estate of Boonsom Boonyanit because the case was time-barred under Section 2 of Public Authorities Protection Act.

“I wrote that this was an opportunity for the law reform commissioner to look into and review limitation laws but there were no takers,” he added.

However, Boonsom’s family began arbitration proceedings against the government, after which the case was settled and some money was paid, the judge said.

“I met the officer (at the Attorney-General’s Chambers) some time later and asked why they agreed to settle. She said the settlement was because of my judgment (that there was negligence),” the judge said.

“An arbitration can solve this problem but not our laws,” he added.

Altantuya case evidence

As regards evidence, Vazeer said the family of Altantuya Shaariibuu was forced to prove their claim that she was unlawfully killed all over again because of a provision in the Evidence Act.

As the law stands, Vazeer said Section 43 disallows judgments and convictions handed down in a case from being used in subsequent proceedings.

“They had to re-establish their case all over again by calling 26 witnesses (who had previously testified in the criminal trial of two policemen charged with killing her).

“The administration of justice can be much more efficient if someone looks into rules like this,” he said.

Vazeer said he allowed the suit by Altantuya’s family and ordered the government, convicted policemen Sirul Azhar Umar and Azilah Hadri and political analyst Razak Baginda to pay RM5 million in damages.