Make administration of justice an essential service if MCO extended again, says lawyer

Criminal and civil trials and appeals have been suspended since the movement control order was implemented on March 18.

PETALING JAYA: A lawyer has urged the chief registrar of the Federal Court to request that the administration of justice be counted as an essential service if the movement control order (MCO) is further extended beyond April 28.

T Gunaseelan said Ahmad Terrirudin Mohd Salleh could write to de facto law minister Takiyuddin Hassan, asking him to relay the message to the Cabinet or National Security Council.

“Terrirudin would have to consult the chief justice, but the government must gazette the administration of justice to enable lawyers, litigants and witnesses to come to court unimpeded,” he added.

Criminal and civil trials and appeals have been suspended since the MCO was implemented on March 18. Only urgent matters such as remand and bail proceedings, hearings of those who breach the MCO, and case management via e-review have been allowed to proceed.

Lawyer Razlan Hadri Zulkifli said courts should be allowed to function in cases where the physical presence of disputing parties is essential.

“Whether it is a criminal or civil case, they need access to justice,” he said.

This is especially the case in criminal proceedings where appeals must be speedily heard as the liberty of those in prison must be taken into consideration, he added.

Likewise, he said, accident cases and breach of contract proceedings should be disposed of without delay as they involve damages and costs.

“However, I am mindful that the court should operate subject to health and safety guidelines,” he said.

He also commended the judiciary for taking the lead in conducting proceedings, especially for civil cases, despite the ongoing MCO.

The Advocates Association of Sarawak (AAS) said it had no objection to lawyers in the state conducting cases via video conferencing provided that the mutual consent of all parties is given.

AAS president Ranbir Singh Sangha said lawyers could conduct proceedings from their homes if they had the equipment to do so.

“We are also open to the proposal that such proceedings be conducted from our legal firms after the MCO is lifted,” he said.

For the past few years, he said, lawyers in Sarawak had already been relying on video conferencing to conduct trials and appeals, both civil and criminal.

“It saves lawyers, litigants and the court time, money and resources as Sarawak is a big state.” - FMT