Co-opt High Court judges onto Court of Appeal, says lawyer

 

The Federal Constitution allows for High Court judges to sit in the Court of Appeal in the “interest of justice”.

PETALING JAYA: A lawyer has proposed that administrators in the judiciary work out a plan to co-opt High Court judges to sit in the Court of Appeal on an ad-hoc basis to clear the backlog of cases.

Salim Bashir said Article 122A(2) of the Federal Constitution provides a quick solution to the speedy disposal of appeals, leave and interlocutory applications in the appeals court.

The provision states that a High Court judge may sit as a judge of the appeals court if the President of the Court of Appeal considers it to be in the interests of justice.

“The judge shall be nominated by the Court of Appeal president after consulting the Chief Judges of Malaya and Sabah and Sarawak for such purpose,” he said.

Salim said the general view in the legal fraternity is that the present 27 judges serving in the Court of Appeal are overworked due to the volume of civil and criminal appeals emanating from decisions of the High Court.

The Federal Constitution allows for the appointment of 32 appellate court judges, but the vacant positions have yet to be filled.

Lawyers are of the view that more than 32 judges should be appointed as the Court of Appeal is the apex court for appeals originating in the magistrates’ and sessions courts, and the first appellate court for cases that begin in the High Court.

Salim said the Court of Appeal, which was set up 30 years ago, is an essential component in the administration of justice because it is an avenue to correct errors and ensure that justice is done.

Lawyer Syed Iskandar Syed Jaafar said co-opting judges could be a temporary solution because any amendment to the constitution to increase the number from the present 32 will take time.

“All the Court of Appeal President needs to do is consult the Chief Judges of Malaya and Sabah and Sarawak to make the ad-hoc appointments,” he said.

Syed Iskandar said judges in the High Court of Sabah could hear appeals coming from Sarawak and vice versa when the court sits in the Borneo states.

Similarly, he said judges in the Klang Valley could be appointed to dispose of Court of Appeal cases emanating from the peninsular. - FMT