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May it please your honours, Chief Justice, President of the Court of Appeal, Chief Judge of Malaya and Chief Judge of Sabah and Sarawak, Judges of the superior courts; Judicial Commissioners; President of the Bar Council; distinguished guests, fellow officers of the judicial and legal service, ladies and gentlemen.

At the outset, I would like to thank the Honorable Chief Justice for allowing me the opportunity to speak on this august occasion to mark yet the opening of another new legal year, 2011. Assalamalaikum warahmatullahi wabarakatuh and a very good morning.

THE JUDICIARY

Allow me to first applaud the remarkable success of our Judiciary especially on the high disposal rate of backlog cases achieved in 2010. Despite the soaring number of registration in court cases, the Judiciary’s perseverance in keeping the number of backlog cases low is truly  commendable. I strongly believe that the promotion of the mediation process, the establishment of special courts and the strict policies on the postponement of cases are amongst the many inventive factors that contribute to this successful end. The provision on plea bargaining as recently introduced into the Criminal Procedure Code which is to enter into force in the very near future is expected to further assist this initiative.

Nevertheless, not only should justice be seen to be done, it must be done. As much as we covet speedy trials and swift case disposals, it is equally crucial to bear in mind that this should not be done at the expense of justice. The sanctity of justice should not be sacrificed in the name of numbers and statistics. Postponement should be discouraged but it should not be denied on cogent reasons. Judges should aim to achieve their KPIs but all the same, it should not render scarce well reasoned judgments. As the saying goes, “Justice hurried is justice buried”.

Of course, this should not be borne by the judiciary alone. Deputy Public Prosecutors, Federal Counsel, lawyers and even the parties to litigation should contribute towards this aim.

On this note, I can assure, that my DPPs and FCs are working tirelessly, alongside with the judiciary to expedite trials. These officers have constantly been working very hard and many a time beyond office hours to support the judiciary’s initiatives in the interest of justice. On this aspect, I am certain that the members of the Bar are also doing the same. This mutual cooperation must continue and be strengthened in all our future endeavours.

AGC’s SUCCESS

Likewise for the Attorney General’s Chambers, year 2010 marked remarkable success in many aspects. In 2010 alone, we have received many awards and recognitions. It is with pleasure that I inform that Chambers has recently been conferred with the ‘5 Stars-organization’ award in the Star Rating System applied to all public sectors. With this award, Chambers is recognized as an organization with excellent work culture in the public service. This recognition which is assessed and awarded by the Unit Pemodenan Tadbiran dan Perancangan Pengurusan Malaysia (MAMPU) is indeed a recognition which is not enjoyed by many in the public sectors. We are truly honored and aim to not only maintain the standard but to strive to become an even better organization in the future.

STRATEGIC TRANSFORMATION INITIATIVES

We hold on to the principle that ‘success is not a destination, it is a journey’. Having said that, my Chambers does not intend to be complacent in our current position. We aspire to move forward and achieve greater success, recognition and achievement at both the national and international level.

Chambers has thus embarked on a Strategic Transformation Program (AGCSTP) which was first initiated in October last year. To facilitate this initiative, a special unit i.e. the Strategic Transformation Unit has been set up in which its members comprise officers of Chambers. In a nutshell, AGCSTP aims to take Chambers to a higher level, an organization which is not only renowned as a world class public legal organization but also as an employer who provides its officers with abundant opportunities for growth. To begin with, three (3) main focus areas have been identified for this purpose. They are the establishment of a Centre of Excellence For Law and Legal Studies; the strengthening of the Appellate and Trials Division and the emphasis on Human Capital Development.

CENTRE OF EXCELLENCE

As research and learning is an integral part of legal work, the Centre of Excellence For Law and Legal Studies is established with the objective of creating a dynamic environment for research and learning for the benefit of the local and international community. We have long realized that Chambers is constantly producing outstanding officers who are conversant in their respective fields. More often than not, these officers are not well known to the legal fraternity and recognized for their expertise. Hence, this Centre will serve as a platform for these officers to share and transfer their legal knowledge to the legal community locally as well as internationally.

This Centre is intended to conduct in-depth research on complex issues and trends of laws as well as to provide consultancy services for the same. In this way, not only will Chambers emerge as a point of reference in law and legal studies but it will also benefit the legal community as a whole in terms of transfer of knowledge as well as comprehensive and cohesive legal research.

APPEALS AND TRIALS

It is undeniable that public perception is important in determining the reputation of an organization. In our case, the DPPs and FCs are our ambassadors to the public. Being the front liners, every move and step of theirs are being thoroughly scrutinized and judged upon. As expected, in the public’s eye, these officers are the mirror of Chambers. As to how the public perceive these officers to be, is very much dependent on what they see and hear.

Realizing this fact, Chambers aims to strengthen the functions of its litigation section and enhance the qualities of its DPPs and FCs in terms of their advocacy skills. To achieve this desired purpose, focus is on those who are in the Appellate and Trial Division who appear in the superior Courts for complex cases. As such, there will be provision for more integrated advocacy skills training. Together with that, the work processes involved will be relooked so as to provide an ideal and competitive environment for DPPs and FCs to give their utmost as an advocate.

HUMAN CAPITAL DEVELOPMENT

Ladies and Gentlemen,

It is duly acknowledged that all these initiatives will not materialise unless those who are entasked to ensure that the officers of Chambers achieve the desired goals are not only motivated but also competent enough to train others with a view to capacity building. In the same vein, AGCSTP will also emphasize its Human Capital Development by which the whole range of processes involving recruitment of officers, career development, promotion and retaining officers who are experts in the necessary field in Chambers will be carefully relooked with a view of transformation.

As I speak, the recruitment of excellent young law graduates continues to be practised. I am also pleased to inform that Chambers currently has within its organisation external experts in various fields such as from the Malaysian Army and the Royal Malaysian Navy as well as an expert in history and an expert in Syariah law. All these experts play an important role in complementing the work of Chambers in the pursuit of its aim to become a world class organization. On this note, I wish to inform that Chambers is currently making serious efforts to detail out competitive incentive packages as well as requesting for more senior posts to attract more such experts including from other fields to join in as professionals and skilled advisors to address various complex legal issues and trends. This is amongst the efforts undertaken to transform Chambers in order to keep abreast with new challenges presented by the changing times.

Further, the current appraisal system is at present being studied and reconsidered to ensure that it truly reflects an officer’s actual performance and potential. Career development plans are being laid down more transparently to create further opportunities and avenues for officers to advance themselves and thereafter to excel in their pursuit. The aim is only to ensure that our human capital pipelines are being filled with first-class materials which will eventually yield outstanding results for Chambers to thrive as an excellent organisation.

The outcome may not be immediate. We are fully aware that developing human capital and skills is an odyssey. But the fruits that are to be borne for the future depend on the seeds sowed today and the care taken in its germination process. With this, my fervent wish is to produce generations after all of us who will be able to be the beneficiary of the end product and the bastion of the organisation.

CROSS OVER TO THE JUDICIARY

Part of our aim in Human Capital Development is to produce officers who are knowledgeable in various areas of law. Of course, the wisdom, experience and knowledge acquired after having served in various capacities in Chambers and as judicial officers be it as a Magistrate, Registrar or a Session Court judge are indeed of very high premium. Bearing this in mind, I certainly encourage officers from my Chambers to cross over to serve in the courts and vice-versa. The time when we regard ourselves living in two different islands is long gone. Let us work together to make full use of the opportunities available for the sake of knowledge and experience which would only at the end of the day serve public interest.

However, it must also be reiterated that we do not intend to create another ‘jack of all trades, master of none’. Specialization will complement our aspiration to produce more experts in specialized areas of law. Amongst officers at certain levels of seniority, specialization must prevail. The management must then be able to identify a person’s niche. In time to come, we will be thriving with our own experts on issues of laws and trends relating to the constitution, international law, criminal justice and so forth.

‘CHAMBERS CHANNEL’

Ladies and Gentlemen,

Indeed, we are part of the whole realm of the justice system. This badge of justice we have, firmly stitched on our blazers comes with huge responsibilities as well as with great challenges. As much as we want to serve the public to deliver justice, there is always an impeding stone that awaits to be turned and be dealt with by using our wisdom and expertise in the most efficient and successful way.

The hurdles we face in 2010 were far too many. One of it is of course the public perception when we were alleged to be partisan and unreliable. This perception is often echoed every time when a case is lost or when a prosecution is instituted against a “person”. The actual reason for the defeat in a case is very much irrelevant as it is more often than not, eclipsed by what they see or hear and taken to be the Gospel truth.

On this note, I must admit that my officers and I do sometimes feel a little unhappy with the media which goes frenzy especially on the reporting of cases. Do not get me wrong, there were instances where the media has indeed been generous by reporting the real scenario and our victory in cases. But alas! More often than not, matters that disfavour the prosecution are regarded as newsworthy. As the media is the eyes and ears of the public, perception reverberates from what is reported.

Hence, one of Chambers’ initiatives for this year is to publish our own online ‘Chambers Channel’. This is a medium for us to tell our side of the story on every victory or defeat in cases. Being a trained lawyer, it is in our vein to defend people. I believe it is about time that we stand up and defend ourselves from unsubstantiated misconception, unfounded allegation and prejudice.

This online newspaper will be our independent voice to conduit our views on any matter, without fear or favor. Our DPPs and FCs will update the status promptly on what has transpired in a case. These initiatives will be able to kill two birds with only one stone as it will not only help to reshape public perception, but it will also encourage and enhance our officers to be more creative by rendering their constructive views and opinion.

CLOSING REMARK

Predicting the future is not always as simple as forecasting weather. But then again, it is really unnecessary to predict the future as the saying goes “Human can plan but God disposes”. We can all do only one thing that is to chart our voyage for 2011. Given the challenges that we have endured in the past years, we have only become stronger, wiser and more matured. With this, WE, my Chambers, the judiciary and the Bar unitedly will be able to get by this legal year of 2011 together in our quest to serve justice.

As a parting shot, allow me to quote Earl Warren, the 14th Chief Justice of the United States who had said “It is the spirit and not the form of law that keeps justice alive”¹

Thank you.

¹ Earl Warren in "The Law and the Future" in Fortune magazine (November 1955). Earl Warren (19 March 1891 – 9 July 1974) was the 30th Governor of California (1943–1953) and the 14th Chief Justice of the United States (1953‐1969).