KUALA LUMPUR: “Justice delayed is justice denied” is a cardinal principle in the
administration of justice but “justice hurried can also be justice denied”, the
Bar Council warned.
“Setting definite periods for magistrates and judges to complete cases is a good
thing but it must be remembered that public confidence in the system is not
based on how many cases are cleared but in a fair trial and reasoned judgments,”
said its Criminal Law Committee chairman Datuk V. Sithambaram.
“Statistics are important to show whether the criminal justice system is moving
smoothly and efficiently but too much emphasis on meeting targets is not a
healthy trend in the administration of justice.”
He was commenting on a statement by Chief Judge of Sabah and Sarawak Tan Sri
Richard Malanjum that there should not be more than three remand extensions for
suspects and that criminal cases must be resolved within three months.
Sithambaram said that one or two remand applications and three months to
complete a trial was practical in crimes such as straightforward theft.
“But for the serious and more sophisticated crimes, the prosecution and police
may have to wait for chemical and DNA test results and this takes time. There
aren’t enough experts to do them. That problem should be addressed, too.
“Also, in my experience, investigating officers are often handling more than
three cases simultaneously, making it difficult for them to meet the proposed
limits unless more officers are hired.”
Instead, Sithambaram suggested that if the new provision in the Criminal
Procedure Code requiring the prosecution to show what it had (such as First
Information Report, all exhibits to be tendered in court, any information in
favour of the defence) to the defence was more widely practised, cases could be
disposed of quicker.
“I can go to the accused and ask for his explanation. If he doesn’t have a good
one, I would advise him to plead guilty and mitigate for a lighter sentence, or
he would plead guilty to a reduced charge.
“Then again, if I know the prosecution’s case and I show them we have evidence
to refute theirs, they can drop the charges completely.“
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Workshop on Financial Planning (18 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this workshop will take place at 10:00 am, at the Kuala Lumpur Bar Auditorium, on 18 May 2012 (Friday). The workshop will be conducted by Chooi Kim Ying. Click on the link above for more details.
Seminar on an Introduction to the Industrial Relations Act (23 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 23 May 2012 (Wednesday). The seminar will be conducted by Wong Keat Ching. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
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