Court of Appeal must write judgments to guide lower courts, says ex-judge

 

Former judge Gopal Sri Ram says lower courts need guidance on points of evidence and procedures from Court of Appeal judges.

PETALING JAYA: The Court of Appeal must write judgments in cases of public interest to guide subordinate court judges, a former judge said.

Gopal Sri Ram said the Court of Appeal is the apex court for magistrates’ and sessions courts and cases like corruption and sexual and violent crimes are heard in these courts.

“These are cases where the lower courts require guidance on points of evidence and procedures,” he said.

Sri Ram, who served in the Court of Appeal for 16 years until 2009 and retired after a short stint in the Federal Court, said this in response to the dearth of written grounds produced from appeals arising from the lower courts.

Gopal Sri Ram.

He said that by writing judgments in public interest cases, “we would have a body of jurisprudence which will assist the legal profession”.

“After all, judges are paid not only to hear cases but to also write judgments, ” he said, adding that most of the present judges in the Court of Appeal are talented writers but only do not have the time to put their thoughts in writing.

He suggested that the current number of 32 Court of Appeal judges be raised because of the increasing workload.

“The Court of Appeal is the engine of the justice system as it is also the intermediate court for matters coming from the High Courts,” he said.

He also suggested that retired judges be appointed as additional judges to help dispose of cases and write judgment but this can only be done after an amendment to the Federal Constitution.

Sri Ram said the government should also employ able research officers to help the judges to write their judgments.

Another solution, he said, is to have a specialist panel to only hear subordinate court appeals for six months.

“This will give them time and experience to deliver their grounds from matters originating from the magistrates’ and sessions courts,” he said.

Salim Bashir.

Meanwhile, former Malaysian Bar president Salim Bashir said much time and resources are spent because the Court of Appeal panels hear many murder and drug trafficking appeals which carry the death penalty.

“They have to write their grounds as either the accused or the prosecution will file an appeal to the Federal Court,” he said.

Salim, who specialises in criminal law, said a Court of Appeal panel hardly writes its grounds when it allows the prosecution’s appeal to order accused persons to return to the trial court to enter their defence.

“In such circumstances, the lower court judge does not have the privilege to look into the reasoning as to why the Court of Appeal has ordered for defence to be called,” he said.

He said the current court practice direction should be amended to order the Court of Appeal to give its reasoned judgment when cases are reverted to the trial court. - FMT