Judge Kamaludin Md Said, who chaired the three-member bench, said much time and resources were wasted whenever the final appeals could not be disposed of as scheduled.

“The appellants are now serving jail terms but their cases have to be adjourned as there are no lawyers to represent them.”

He said it was a waste of public funds as prison warders had to escort them in vehicles to have the appeal heard here.

Kamaludin, who sat with Azizah Nawawi and Ahmad Nasfy Yasin, said the appeal could not proceed as the appellants were entitled to counsel of their choice.

FMT understands from court officials that Kamaludin’s frustration is well placed.

“The perception is that the court is responsible for any late disposal of cases,” said an official who spoke on condition of anonymity.

Further, the official said, the judges would have spent hours reading the appeal records only to learn it was all futile because the appeals had to be adjourned.

It is also uncertain if the same bench would be entrusted to hear the cases again. All the appellants are appealing to reduce their sentences.

This morning, Ismail Jali, 59, who came from the Bentong prison, told the bench that a lawyer from the National Legal Aid Foundation could not be present as he was on leave.

Ismail had been sentenced to 30 years’ jail and 13 strokes of the rotan for raping and sexually assaulting an underage girl. His appeal will now be heard on Oct 27.

Another appellant, Osman Maimon, 59, who is now in the Taiping prison, said he had written to the foundation to obtain legal assistance but there had been no response. He had been sentenced to 20 years’ jail and six strokes for rape and sexual assault of a minor.

Roslan Bacika, 57, who was sentenced to a 30-year jail term and eight strokes of the rotan for rape and sexual assault on a child, gave the same reason as Osman. He is now in the Kajang prison.

Lawyer R Ryshinar, who appeared before the bench in another case, was asked to address the court on the predicament of the three appellants.

“I will bring up this issue to the Malaysian Bar,” she told the judges.

The foundation, which commenced operations in 2012, is a joint enterprise between the government and the three Bars of Malaysia – the Malaysian Bar, Sabah Law Association and the Advocates’ Association of Sarawak.

It allows lawyers to represent the poor and needy in remand bail, trials and appeals. A nominal fee is paid to the lawyers, based on a payment schedule.