Transmenu powered by JoomlArt.com - Mambo Joomla Professional Templates Club

THE issue of working hours seems to be the flavour of the week for the Malaysian Bar Council. It not only disapproves of the Federal Court ruling that the Malaysian Anti-Corruption Commission can continue to interrogate witnesses beyond office hours but also takes exception to the directive from the chief justice for the courts to start proceedings 30 minutes earlier. In the case of the after-hours questioning, there is at least the justified concern about the larger question of the fundamental liberties and protection of witnesses. But in the case of the cavil to the early start for the courts, it seems to be based on more mundane matters. And, sad to say, the reasons offered seem to be tenuous grounds for objecting to the change in the court hours. Indeed, it has to be said that they seem to be as frivolous as some of the interlocutory applications that unnecessarily clog up the courts and delay proceedings.

While no reason seems to have been given for the April 24 circular, it would seem to be a useful, sensible and judicious way to increase judicial time at a moment when there is a need to expedite hearings. Starting on time at 8.30 in the morning can hardly be construed as imposing onerous demands on judges when court staff report for duty at eight. As the chief justice once said, in order to meet the goal of disposing of cases within the shortest possible time, the benchmark judges should endeavour to achieve is getting up from a "warm bed" to meet the need of a litigant for an injunction "even in the dead of night". If adding an extra 30 minutes to their everyday schedule can help judges to hear and give judgment within a reasonable time frame, then it should be done.

In no way can it be construed to be a less than workable proposal though nine-to-five may be the business norm. Undoubtedly, like many people, outstation lawyers would prefer the comforts of home rather than an overnight stay at a hotel in order to be in court on time. But this is surely standard business practice and a very practical arrangement. And, of course, this will be charged to the client. But so is every added hour and every other cost that is involved when cases drag on interminably in court. This is why, like everything else, court hours should not be tailored to the convenience of judges and lawyers but in line with the maxim of "justice delayed is justice denied".