Outgoing CJ: Sabah leads in environmental, AI justice
Published on: Tuesday, February 18, 2020
By: David Thien
KOTA KINABALU: Sabah leads Malaysia in formulating appropriate sentences for environmental justice and will from this year feature Artificial Intelligence (AI) to help judges mete out the sentences on convicts.
Outgoing Chief Judge of Sabah and Sarawak, Tan Sri David Wong Dak Wah (pic), said he will address two questions tomorrow (Wednesday) put forward by Daily Express – “Do judges have to follow what AI recommends?” and “Whether this development impinges on the independence of the judiciary?”
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“We do not want the public to think that the judges are not working, it’s the machine that’s working and making the decisions. I will fully brief you all on the standard operation procedures.”
On his last week as Chief Judge of Sabah and Sarawak, Justice Wong would recognise or do a reference on the late former Judge Raymond Wong on Monday.
On Tuesday morning, many lawyers would be admitted to the bar and in the afternoon, he is expected to open the museum at the Kota Kinabalu Court Complex with the Chief Justice.
Tomorrow (Wednesday) morning, as his last duty, he will officiate a live application of the AI machine for sentencing.ADVERTISEMENT
“Magistrates will use the recommendation of the machine with AI to give the likely sentences.
“This is the first in Asia. In other jurisdiction, doing so is only in America to my knowledge.”
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In his speech to open the Borneo Colloquium on Environmental Justice 2020 on Feb 15 at Hyatt Regency here, Justice Wong said:
“The judiciary has taken various initiatives in upholding its role in strengthening the environmental law enforcement and improving the adjudication process of environmental cases.”
He said the event is to educate the judges and court officers.
“In Sabah and Sarawak, such initiatives are seen in the court, establishing state and district working groups on environment whose objectives are aimed at enhancing the knowledge of judges and judicial officers through environmental related programmes with public and private organisations.
“Sometime in June last year in Kudat, I launched the Wildlife Sentencing Guideline, the first of its kind in Malaysia. This guideline was the product of the discussions between the court, Sabah Law Society and World Wildlife Fund for Nature.
“Whilst the guideline is not binding on the court, this can be a useful guideline for the courts which is hoped to achieve proportionality and consistency in passing sentences in environmental cases.
“We ought to be proud of this guideline as this guideline has been copied on the other side of the South China Sea – our counterpart in the West Malaysian High Court. I must say that today’s Colloquium on Environmental Justice is timely.
Justice Wong stressed that he encourages lawyers to take up public interest litigation to protect the environment, otherwise it would just be a waste of time.
“The laws are there. The rules are there now. Hopefully it will be gazetted soon. Please do so because the environment is what we got, what we have.”
Justice Wong explained that there’s an environmental court in Malaysia with the Sessions Court sometime sitting as one as there was not enough environmental cases yet. People are happy to see that the NGOs are more active in this area.Stay up-to-date by following Daily Express’s Telegram channel.
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Justice Wong recalled reading in the newspaper of hill cutting that resulted in flood, etc.
“I hope the NGOs and lawyers are willing to take up these cases to help to protect the environment. Before we have no specific procedure to come to court. We make access to justice much easier.”