The top judge said such remote proceedings have also now become an “indelible aspect of our system of advocacy”.
“I say ‘indelible’ because some have queried when and whether the judiciary will be reverting to physical hearings as the norm,” she said.
Tengku Maimun said she wished to make it clear that the judiciary had always embarked on technological advancements, and online or virtual hearings “mark our progress in this direction”.
“The advent of online hearings is not merely a means to cope with the pandemic but a permanent feature of our justice system. There is, therefore, no question of reverting,” she said when opening the legal year today.
In apt fashion, the theme for this year is “Access to Justice and the New Normal”.
After the pandemic began in March 2020, she said, the courts were forced to proceed with online cases upon securing the consent of both parties, subject always to the interests of justice.
This was because there was no clear permissive legislation stipulating that online hearings or trials were allowed at the behest of the court.
“Now, Parliament has affirmatively intervened to expressly allow for online hearings irrespective of consent but subject still to the interests of justice.
“There is no room for dispute as to the propriety of the method, given that this shift is not unique to Malaysia,” she said.
Tengku Maimun said judges had adjusted well to remote hearings at least in the context of civil cases, criminal applications and criminal appeals.
She said screen-sharing technology assisted judges in referencing documents while the level and nature of advocacy had improved irrespective of whether counsel before them was a senior or junior.
“We also think that remote hearings have made life easier for lawyers who have been relieved from having to waste time on travel,” she said.
She acknowledged, however, that remote hearings were not perfect as there were sometimes issues with sound and internet connection, and such hearings were sometimes not feasible when parties did not have the requisite means or access.
Regardless of the constraints, the overall gain and accessibility that remote hearings brought with them far outweighed their downside which could be worked upon.
She thanked the legislature for passing the laws that made it all the more possible to conduct online hearings.
“The judiciary, in turn, remains committed to upholding access to justice and we will continue to decide cases without fear or favour in line with the rule of law and the supremacy of the Federal Constitution,” she added.