THE judiciary and court officers in Sabah and Sarawak must administer justice strictly by the law, free from any interference from any quarters, said Chief Judge of Sabah and Sarawak (CJSS) Tan Sri Abdul Rahman Sebli.
He said they need to take note of Malaysia Chief Justice Tun Tengku Maimun Tuan Mat’s speech at the opening of the Legal Year 2024 in Putrajaya recently on the importance of ensuring public confidence in the judiciary.
Tengku Maimun stated that public confidence in the judiciary is the measure and tool by which judges remain transparent and accountable to the public.
Speaking at the opening of the Legal Year 2024 for Sabah and Sarawak, Abdul Rahman said the open justice concept or transparency is integral to the country’s court system.
At the same time, Abdul Rahman urged all judges and magistrates to be proactive in case management since the efficient and expeditious disposal of cases can be achieved through effective pre-trial case management conducted by the judges and magistrates themselves.
“This will go a long way in ensuring the smooth running and expeditious disposal of the cases,” he said.
He also encouraged young lawyers to be fully equipped with their practical legal knowledge.
“As the judiciary and the legal profession continue to evolve with the times, each step must be taken conscientiously and anchored on core principles of justice.
“To the judges, judicial commissioners, judicial officers and law practitioners, please keep yourselves abreast with the latest development of the law. For the courts, I anticipate more courses to be organised for Sabah and Sarawak judges, judicial commissioners and officers.
“These courses will serve as a platform for judges and officers to exchange ideas with the other participants in an interactive environment.”
“The courses that are organised for the courts in Sabah and Sarawak are meant to complement and in addition to the courses organised by the Judicial Academy of Malaysia for judges and judicial commissioners,” he said.
Among them was the conference on Alternative Dispute Resolution (ADR) organised by the Borneo International Centre for Arbitration and Mediation (Bicam) last year, which not only enhances legal knowledge but also fosters a collaborative interaction that contributes to the professional growth of the participants.
He said the establishment of Bicam marked the commitment of Sabah to alternative dispute resolution and the effort has the support of the courts of Sabah and Sarawak.
“It is my sincere hope that Bicam will continue to foster a conducive environment for resolving commercial disputes efficiently and cost-effectively, both for Borneo and beyond,” he said.
Abdul Rahman also urged members of the Bar to take the Continuing Professional Development (CPD) programme seriously.
“Diligence should be your guiding light as it is fundamental to the practice of law. Strive to maintain professionalism in discharging your duties. It is important to understand, especially for the young lawyers that your duty goes beyond winning cases.
“Above all else, your duty as officers of the court is to assist the court in dispensing justice,” he said.
The CJSS said all courts in Sabah and Sarawak demonstrated commendable performance at all levels in terms of disposal of cases in the year 2023.
“Having said that, I must of course acknowledge that there is always plenty of room for improvement,” he said.
Last year, the High Courts of Sabah disposed of 73 per cent of the registered civil cases and 55 per cent of the criminal cases while in Sarawak, the High Courts disposed of 74 per cent of the registered civil cases and 53 per cent of the criminal cases, he said.
Of the registered civil cases in the Sessions Courts of Sabah, he said 74.67 per cent were disposed of last year and 80.5 per cent of the criminal cases while the Sessions Courts in Sarawak disposed of 66 per cent of the registered civil cases and 87 per cent of the criminal cases.
As for the Magistrate’s Courts, 80 per cent of civil cases and 72 per cent of the criminal cases were disposed of in Sabah, while 78 per cent of the registered civil cases were disposed of and 91 per cent of the criminal cases were disposed of in Sarawak, he said.
Abdul Rahman said the percentage of disposed of cases included cases carried forward from the previous years and in pursuit of continuous improvement, there is a need for the courts in Sabah and Sarawak to focus on specific areas for refinement.
“Some of the cases that could not be disposed of within the prescribed timelines are due to reasons beyond the court’s control. I have examined the reasons behind these delays and I am committed to solving the problems as best as I can with all the powers that I have at my disposal,” he said.
Abdul Rahman said the Mobile Court programmes in Sabah and Sarawak continued to be a success story, especially with the support given by the Federal Government through Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
“Looking ahead, I hope we can continue with our outreach programs for both Sabah and Sarawak with the support and blessing of the Chief Justice. By helping those in need in the rural areas, we enrich ourselves and contribute to the welfare of our community,” he said.
He also expressed gratitude to Azalina for giving financial support, which enabled the improvement and enhancement of the infrastructure facilities and provided a safe environment for the public.
“While visiting the various courts in Sabah and Sarawak in 2023, I could see significant improvements in the physical infrastructure of our court buildings, notably the recent repair works at the Tawau and Kuching courts,” he said.
Abdul Rahman also proudly informed that the Artificial Intelligence in Court Sentencing (AiCOS) system in Sabah and Sarawak won the first prize in the National level competition organised by the Prime Minister’s Department Innovation and Excellence Award Ceremony held on June 15, 2023 for the ICT category.
“This could not have been possible without the commitment of those involved in developing and implementing the system. Well done and congratulations to all of them,” he said.
On another note, the CJSS said the media plays an important role in ensuring that the concept of open justice is properly observed.
“It is crucial that the public is given accurate information on the cases that are brought before the court. Regrettably, inaccurate information may result in misplaced criticism over court decisions.
“The Right Honourable Chief Justice cautioned at the recent Opening of the Legal Year 2024 in Putrajaya that manipulated media reporting will give an unfair impression on judicial decisions,” he said.
The 2.6km procession was from Hakka Hall, Tanjung Lipat to the SICC.
