Tech in courts must aid the poor in access to justice, says top judge

 

Chief Justice Tengku Maimun Tuan Mat said more than four years after the Covid-19 pandemic began, virtual hearings have become an integral facet of the advocacy system, with even full civil trials now routinely conducted online.

KUALA LUMPUR: 

The use of technology in the courts must also be within the reach of laymen to improve access to justice, says Chief Justice Tengku Maimun Tuan Mat.

The top judge said while access to justice is a fundamental component of the rule of law, it remains out of reach for many who cannot afford to enforce their legal rights through the courts.

Tengku Maimun said the Organisation for Economic Co-operation and Development estimated only 46% of the world’s population is protected under the law, leaving more than four billion people without meaningful access to justice.

Such widespread lack of access to justice undermines public confidence in the courts. A justice system that is accessible only to a privileged few erodes the legitimacy of an institution built on the foundational value of fairness,

 she said.

“The principle of equality before the law can only be realised if there is reasonable access to the law for all.

We must therefore strive to improve access to justice, and technology has immense potential to help us achieve this,

 she said in her speech at the 37th LawAsia Conference at a hotel here.

Prime Minister Anwar Ibrahim opened the three-day meeting which began today with the theme 

Navigating the legal landscape in the digital age

.

‘Judiciary at forefront of digital transformation’

Tengku Maimun, who is the first woman judge to occupy the top judicial office in 2019, said the Malaysian judiciary has been at the forefront of digital transformation since 2009 under the visionary leadership of former chief justice Zaki Azmi.

She said the advent of technology has also fundamentally transformed the way courts operate.

Tengku Maimun said modern-day courtrooms are the culmination of an extensive and methodical digitalisation process, reflecting the broader technological revolution shaping society.

This transition from traditional brick-and-mortar courtrooms to ones built on digital infrastructure is pivotal in addressing the critical challenge of improving access to justice,

 she added.

Today, she said more than four years after the Covid-19 pandemic began, virtual hearings have become an integral facet of the advocacy system, with even full civil trials now routinely conducted online.

Meanwhile, she said criminal appeals and trials continue to be held in person, guaranteeing both the transparent dispensation of justice and the right of the accused to a fair trial.

One particular technological development that has garnered widespread attention over the past two years is generative artificial intelligence (AI), which is capable of creating new content, such as texts, images and music.

She said the Malaysian courts, especially in Sabah, have employed AI tools to guide judges with sentencing decisions in criminal cases.

I would like to emphasise that AI serves only as a guide and is not the final determinant of the punishment. Judges retain the ultimate discretion to pass sentence.

She said lawyers, in relying on AI, must advance arguments that are factually and legally accurate before the court.

Judges must remain vigilant to the potential misuse of AI tools by lawyers and litigants. There is also an urgent need for robust governance frameworks and guidelines to regulate the use of AI,

 she added. - FMT