Saturday, 9 October 2010

The Courts Must be Crazy?

In the 1980s, there was this iconic movie called, The GODS must be crazy. A Pilot had thrown out a Coke Bottle out of his small plane while flying over Africa. The Bottle hit this African chap, and he thought it was a gift from God. His village got into so much conflict due to that bottle, that he decided to travel far away to 'dispose' of this bottle. There lies the adventure which became the focus of the Movie.

It seems the Courts in Malaysia has gone crazy, too.

Recently a new Chief Justice was appointed in Malaysia. Tun Zaki (he was 'Tan Sri' when he was first elevated to be the CJ), has transformed the Court system to the point that the cases are moving faster than ever.

Unfortunately, the speed the case are moving at, has failed to take into account human factor, and pierced the shield of Justice. We have Judges adamant to finish a Court hearing, come what may. Even when a lawyer was asked by a Higher Court to attend another Hearing, the lower Court still insist on going on.

But there is no reciprocation. The Courts on the other hand, can double park cases, and when we attend some Hearings all ready to go, the Court adjourns the matter.

Given, that the Judges are now working harder than ever. We must applaud this. For a long while we have complaint that Judges are lazy and slow. But now our prayers for a faster Judiciary has been answered. Or so we think.

Whilst the old system was slow, what we wanted was not a speedy trial ONLY, but ALSO, more IMPORTANTLY in fact, is that JUSTICE must always be the paramount factor. Instead we have Judges invoking mysterious powers to strike out cases. Demanding lawyers who have to attend hearing at Putra Jaya at 9am, to return to KL High Court at Duta, by 11am. It is just ridiculous, sometimes.

The Judges seems intent to only achieve speed and attain the KPI index imposed on them.

I am personally happy that we have some intellectual Judges who care for our client's cases and truly want to provide the justice that the case cry out for, but the continued pressure on the Judges to finish their cases quickly would only mean the whole Judiciary is nothing more than a Formula1 Court. Zooming past the chequered flag, with little regard to justice.

Time to bring some sanity back to the Judiciary. Dont think we can just go to the 'end of Malaysia' and throw out a coke bottle, but we cant allow a system to persist in our Country where Justice is not done.

No comments: