Kuala Lampur — The authorities are clear, and the lawyers are right: The Federal Court could make a ruling even if there were no submissions from former prime ministerThen Judge of Court of Appeal Abang Iskandar Abang Hashim in a 2018 case of Dato Sri Dr Mohamad Salleh bin Ismail & Anor v& Anor said: “Submissions, whether they be oral or written, play an important role in assisting the Court in appreciating the evidence and the legal principles in play in a case.
“There is therefore nothing in the submissions which the Court did not already hear during the course of the trial. That having been said, there are no express legal provisions that have exalted the position of oral submission such that it must, without fail, be extended by the Court to counsel in all cases.
“Indeed, even after directing parties to file written submissions and for them to submit orally, there is nothing to prevent the Court from changing its mind and to proceed on only the written submissions to decide even without the ‘benefit’ of reading written submissions or hearing oral submissions.
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