Consent orders may fail

WHAT transpired in court leading to the granting of consent judgment in the Seafield temple matter needs to be reviewed. Was the terms of settlement recorded in the consent judgment with the knowledge and understanding of all parties.

And was the terms of settlement heard by the court or was it inserted/annexed as part of the consent judgment/order thereafter when drafting the fair and sealed order.

The locus of the temple and its management committee needs to be ascertained as that is of primary importance even before a consent judgment is recorded.

Just to get a matter out of the way and to speed up cases should not be the priority of the court and legal counsel. They should also make it a point that their clients understood what was transpiring during the discussions leading to the granting of the consent order.

The violence has caused damage and who is responsible for the damage caused to the public.

The best way to resolve this is to go back to the terms of the consent order and have it reviewed.

Consent orders may fail if it is not legally compliant or enforceable.

This is not the only case where consent judgment/orders have not been productive. It is highly recommended that the courts come up with guidelines when calling in parties for mediation or recording consent judgments/orders.

G. Rasamalar Kuala Lumpur