S Paul Krishnaraja said these lawyers could do “national service” for a year or two and can be even asked to handle trials which carry the death penalty.
“Let them preside over murder and drug trafficking trials. They can return to legal practice after their contract is over,” said Paul, who specialises in criminal litigation.
He was responding to the case of a former lecturer whose trial for the alleged murder of her husband, Poh Seng Giap, is scheduled to begin in the Seremban High Court only in March 2025.
Lau Seck Yan, who contested as an independent in the 2018 Port Dickson by-election, was charged on Jan 28 last year.
She has been kept in remand ever since as bail is not allowed for murder cases except in exceptional cases.
Paul, a former Negeri Sembilan Bar Committee chairman, said since last year, only one judge of the Seremban High Court has been assigned to hear criminal trials and appeals for the entire state.
The remaining two judges only hear civil cases.
“However, Lau’s trial may be brought forward if cases scheduled earlier are disposed quickly,” he said.
Lawyer Salim Bashir said the Covid-19 pandemic was also responsible for a delay in the disposal of cases involving capital punishment.
“Open court trials could not be held between 2020 and early last year due to strict SOPs to stop the spread of the virus,” he said.
As such, Salim said cases registered earlier have been given priority.
He said in Kuala Lumpur and Selangor it could take anything between 10 months and three years for trials involving capital punishment offences to commence.
This is even though both the Kuala Lumpur and Shah Alam High Courts have at least six judges who are assigned only to hear criminal trials and appeals.
“I support any initiative to appoint competent lawyers as temporary judges to clear the backlog,” he said.
Salim, a former Malaysian Bar president, also suggested that the government rent premises and turn them into additional courtrooms.
Lawyer K A Ramu, who practices criminal law in Melaka, said it takes between two and three years for trials in the state to begin as its two judges also hear civil cases.
“There is a long queue because of the high number of cases registered,” he said.
Ramu said the disposal of cases is bound to suffer additional delay due to the increased incidences of crime attributed to rapid growth in the populace and in economic activity.
One solution is to offer bail even to accused persons charged with capital offences, he said.
“Presently, only a select few people fit the criteria for bail set out in the Criminal Procedure Code for these types of offences,” he said.
Ramu also said Section 41B of the Dangerous Drugs Act 1952 makes it impossible for any person charged with offences that impose jail terms of five years or more to be offered bail.