Why did the Federal Court choose not to proceed without a judge?

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Federal Court Adjourns Syed Saddiq Appeal Decision Due to Judge's Illness

The Federal Court chose not to proceed with delivering its decision on the appeal against Muar MP Syed Saddiq Syed Abdul Rahman's acquittal due to the illness of one of the three-judge panel members. This decision to adjourn, rather than proceed under existing rules, was ultimately at the court's discretion, highlighting the unpredictable nature of legal proceedings. The case has now been postponed to July 13 for the judgment to be delivered.
Adjournment Cites Judge's Unavailability

The Federal Court's decision was adjourned because Justice Che Mohd Ruzima Ghazali was unwell and unable to attend. Court of Appeal president Justice Abu Bakar Jais, who headed the three-judge panel, announced that the judgment could not be delivered on the scheduled date due to Justice Che Mohd Ruzima's absence. He explicitly stated that it would not be appropriate to deliver the decision without the participation of all members of the panel.
Rule 63 Allows for Absent Judge Judgments

Despite the adjournment, the Rules of the Federal Court 1995, specifically Rule 63, allow for judgments to be pronounced even in the absence of one or more judges who composed the court. This rule permits the judgment of an absent judge to be read by another judge on the panel or by the Registrar. This provision exists to ensure the continuity of judicial proceedings and to avoid unnecessary delays.
Court's Discretion in Adjournments

Ultimately, the decision to grant an adjournment or postponement rests entirely within the absolute discretion of the court. While Rule 63 provides a mechanism for proceeding in the absence of a judge, the court elected not to utilise this option in this specific instance. This highlights that procedural rules provide options, but the final determination on how to manage court proceedings, especially in significant cases, is a judicial prerogative.

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Why did the Federal Court choose not to proceed without a judge?

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