KUALA LUMPUR: The judiciary is urging the Malaysian Bar to cooperate in efforts
to reduce the backlog of cases.
The Court of Appeal is seeking information on the 10,000 criminal and civil
cases pending so it can prioritise cases but the Bar’s response has been poor.
“Since January, the files and Records of Appeal at the Court of Appeal have been
systematically organised and allow for speedy retrieval,” said its president
Justice Tan Sri Zaki Tun Azmi.
“To benefit from this, the Registry needs information, which request had been
made to the Bar members,” said Zaki, adding that he had communicated directly
with the Bar president and council members on this.
All that a counsel has to do is to indicate on the dedicated website (http://coapending.
kehakiman.gov.my) whether, among others, a criminal appeal is only against
sentence (which requires less time than one against conviction). However, since
the website went up in February, there had only been three responses in respect
of the 900 pending appeals.
As for civil appeals, which were included in the website end of April, Zaki said
only one lawyer responded as to whether the appeal was in respect of an
interlocutory matter or after a full trial.
“Appeals against interlocutory matters can and should be disposed of more
speedily. Furthermore, the practice is that in most cases, grounds of judgment
are not necessary.”
As of May, Zaki said there were about 10,000 appeals pending.
Zaki also sought the Bar’s help to update the appeal records by notifying when
parties have decided to discontinue the appeal and when the High Court has
written its grounds of judgment so case management can proceed and, remembering
to collect the grounds that may even have been published in law reports.
Zaki said being strict on postponements had shown positive effects.
“However, due to the increase of appeals filed, the list of pending appeals
cannot be reduced.”
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