Appoint lawyers as contract judges to clear backlog, Bar urges

Appoint lawyers as contract judges to clear backlog, Bar urges

Its chairman Salim Bashir says legal minds can hear complex criminal and civil cases and dispense justice speedily.

The Malaysian Bar says experienced lawyers should be recruited as temporary judges to help clear cases affected by the Covid-19 restrictions.
PETALING JAYA:
The Malaysian Bar is proposing that experienced lawyers be appointed temporarily to help the judiciary dispose of the backlog of criminal and civil cases caused by Covid-19 and the movement restrictions.

Its chairman Salim Bashir said these lawyers could return to practice after completing their task.

“The Judicial Appointments Commission (JAC) can employ private lawyers to help clear cases, just like judicial commissioners (JCs) did in the early 1970s,” he said.

Salim said this was an option the JAC could consider to assist the bench dispose of cases filed in the High Court and also clear appeals from the magistrates’ and sessions courts.

Salim Bashir.

He said there were many experienced lawyers who could hear complex criminal and civil cases and dispense justice speedily.

“They can hear murder and dadah trafficking cases which carry capital punishment and write judgments as there will be automatic appeals,” he said.

He also said the Judicial and Legal Service could explore the possibility of appointing lawyers as sessions court judges on a contract basis as serious and public interest cases were also registered there.

Meanwhile, retired Federal Court judge Gopal Sri Ram said an amendment to the constitution in 1976 had vested power in the then lord president to appoint JCs to clear the backlog at that time.

Gopal Sri Ram.

Among those appointed to carry out the task then were Raja Aziz Addruse, Chan Hua Eng, S Jeyadeva, Abdullah A Rahman and RTS Khoo.

“Lawyers such as Raja Aziz and Chan who loaned their talents had written sound judgments,” said Sri Ram, who started practice in 1970.

He said the issue of bias also did not arise as lawyers appointed were not looking forward to anything in carrying out their task.

Sri Ram said the system was later halted but the appointment of JCs on a trial basis began in the early 1990s with the goal of elevating them to High Court judges.

He also welcomed the recent announcement by the judiciary on online zoom hearings for appeals by prisoners.

“It is the right thing to do and all branches of the profession should support the chief justice for introducing this move. Justice is enhanced and not compromised,” he said.

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