His Honourable Mr Justice Dato’ Gopal Sri Ram proposed at an industrial relations convention that “a timetable be set to expedite unfair dismissal cases”. (published at page 22, nation’s section of the new straits times, 11 June 2009)
His lordship prescribed a three month time period for the Industrial Relations Department to conclude its conciliation process and another three months for the Human Resources Minister to make his reference to the Industrial Court. His lordship had proposed that if these time limits are not adhered to, the court shall be deprived of jurisdiction to hear the complaint.
Putting such pressure on judges, will inevitably inject anxiety on judges to complete their cases. Such anxiety will perhaps affect their judgment and their objective would be to complete the case and not to decide justly. Statistics, statistics and statistics.
This is the problem that we see in our courts.
A friend told me, that as a magistrate, she is not allowed to grant more than eight postponements for a file.
Now, instead of being the beacon of justice, they are filled with anxiety to complete their cases. The same with an insurance agent worried about how many sales he is able to conclude for the month.
You may ask, why is it a problem if the judges want to dispose off their cases quick?
Example, Plaintiff’s lawyer comes to court, presents his or her witnesses, and manages to complete the evidence of the witnesses in two hours. The Plaintiff closes his/her case. The Defendant lawyer stands up, and says, my client is sick/overseas (or whatever valid reason) and seeks a postponement. The judge does not allow and orders the Defendant to close his/her case. The Defendant’s case is not presented properly. The judge decides based on Plaintiff’s case alone. Justice carried out?
There are many examples I can give.
Nonetheless, I do understand perfectly well, why these measures are proposed. The legal system (inclusive of lawyers and judges) is very inefficient. We wait for years and years. The lawyers and judges have to be blamed.
My question is:
When you walk into the courtroom, the police calls out, “Mahkamah bangun”, as you bow, the audience bows towards you and you take that seat, when people call you “My lord/lady” or “Yang arif”, you hold a superior duty to uphold justice. This includes, working up cases expediously, deciding properly by listening and absorbing every point of law. You are deciding for the interest of another human being, entirely unrelated to you. Why do you need rules and procedures to tell u, to dispose off cases speedily and justly, without fear or favour?
When you stand up, hear your speech being read out, you put on that robe and bib, and the judge looks at you and announces that you are a member of the bar. When you introduce your opponents, you call them my learned friend. When you have a professional duty to your clients and your profession and also to the name of justice, when do you need an anxious judge to bark at you to get your cases moving?
If it is not your calling, please do the world a favour. Don’t be here for the money.