Ex-judges weigh in on need for written judgments with grounds

 

Retired judges Gopal Sri Ram and Mah Weng Kwai say the wheels of justice will halt without written judgments.

PETALING JAYA: Writing quality judgments and providing them at a reasonable pace is a hallmark of a competent judge, two retired judges said.

They said written grounds must also be made available to appellants to ensure the wheel of justice is not slowed down.

Former Federal Court judge Gopal Sri Ram said a judge should take at least two weeks and a maximum three months to provide written grounds once an appeal was filed.

“It is wise to deliver judgments when the facts are still fresh in the mind of the judge,” he said, adding that it is the duty of the trial judge to get the facts right as the law will fall into place.

Sri Ram, a lawyer before his elevation to the bench in 1994, said judgments need not be lengthy containing many quotations from decided cases.

Last week, Chief Justice Tengku Maimun Tuan Mat reminded judges to prepare their grounds so that appeals to the Court of Appeal and the Federal Court could be speeded up. She said the reasons for a decision were more important than the ruling.

Sri Ram, who is back in practice, said there is a trend of incoherent judgments being dished out, in which conclusions were reached without proper reasoning.

He said it was vital for trial judges to provide their grounds expeditiously in capital punishment cases when appellants are still on death row.

“There will be miscariage of justice as appeals cannot be heard without knowing on what grounds they were convicted,” he said, adding that a fair trial includes providing prompt judgements.

Retired Court of Appeal judge Mah Weng Kwai said appellants in criminal and civil cases have two right of appeals and the wheel of justice could come to standstill if written judgments are not made available.

“In civil cases, appellate judges could rely on notes of proceedings whether to allow or dismiss appeals,” he said, adding that such practice is an exception.

Mah, a former member of the Judicial Appointments Commission that proposes judges for promotion, said making available the written grounds is important as parties would like to know why they lost or won their cases.

He said a judgment is an important appeal record as lawyers will attempt to look for errors for appeal purposes.

Mah, a former sessions court judge and lawyer, said that quality judgments could help in the development of the law when the apex court affirmed such findings. - FMT