Chief justice concerned over spate of postponements

Chief Justice Arifin Zakaria today expressed concern over attempts by lawyers and the courts to postpone cases, which he says has been creeping up again lately in civil and criminal courts.

He said they should also make all efforts to prepare for a trial within the stipulated time and that adjournment was only applied only for urgent matters.

The CJ also announced the appointment of four new judicial commissioners - former Federal Court registrar Hashim Hamzah, Attorney General Chambers Trial and Appeals Division head Kamaludin Md Said, AGC Civil Division head Azizah Nawawi and the director-general of the Judges and Law Training Institute, Wong Chiang Kiat.

Arifin reminded judges and judicial officers that they cannot simply postpone cases which had been fixed.

"I would also like to remind that if a case is postponed to deliver a decision, the decision must be made within four weeks and the written judgment must be prepared within eight weeks when the appeal is filed.

"This directive should be part of the culture of all judges and judicial officers," he said.

List of ageing cases a worry

Arifin said in having a close look at the ageing list of the courts around the country, he noticed there are still old cases which have yet to be decided.

Following this, he urged lawyers and the AGC to give their full co-operation to the disposal of cases. "All parties have to play their part."

Arifin said he is of the view of possibly returning to a jury system at the High Courts where there would no postponement until the hearing was completed.

On his advice to the new judicial commissioners, Arifin said they should deliver their decisions based on the rule of law.

"Remember that the scope and task of a judge is not to be popular but to uphold the rule of law and dispense justice. As long as the decision is based on those principles, the integrity of the judciary will remain intact," he said.

No comment on Altantuya postponement

Arifin and Court of Appeal president Md Raus Sharif when met separately by reporters, had no comments on the postponement of the appeal by two Special Action Force officers Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar.

They are on death row after being convicted of the murder of Altantuya Shaariibuu (left).

However, it was learnt that the prosecution had written in for both sides (prosecution and defence) to seek an adjournment for the appeal which was supposed to begin yesterday.

The reason cited was that they had to go through 60 volumes of appeal records of the case.

Arifin also refused to comment on the suggestion by the Bar Council to set up a sentencing council to streamline sentences, as he said this concerned policy matters.