BarisaIt is shocking that more than 1,000 convicted prisoners serving sentence in prisons throughout the country cannot have their appeals heard as Sessions Court judges and magistrates have yet to write their grounds of judgment following filing of notices of appeal against their decisions

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Media Statement 
by Karpal Singh
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(Kuala Lumpur, Thursday): It is shocking that more than 1,000 convicted prisoners serving sentence in prisons throughout the country cannot have their appeals heard as Sessions Court judges and magistrates have yet to write their grounds of judgment following filing of notices of appeal against their decisions. Likewise, more 100 prisoners are on death-row waiting for judges to hand down their grounds of judgment to enable them to have their appeals heard by the Court of Appeal. Their Failure to write judgments in the past 2-8 years means their appeals cannot be heard by the High Court. Subordinate judicial officers are required, by law, to write their grounds of judgment for inclusion in record of appeal which contains notes of proceedings and exhibits tendered in those courts so a petition of appeal can be filed with a view to the Court of appeal hearing the appeal forthwith. There is a circular issued by the High Court requiring Sessions Court judges and magistrates to write their grounds of judgment within 4 weeks after a notice of appeal has been filed by an accused person. Obviously, this circular is being ignored by Sessions Court judges and magistrates in the country. Likewise, High Court judges have ignored a circular issued by the chief Justice requiring them to write their ground of judgment within 8 weeks after a notice of appeal has been filed. Lawyers are not obliged, under the law, once notice of appeal has been to remind judges of their obligation to hand down grounds of judgment. Lawyers should not be faulted for the delay in grounds of judgment handed down once a notice of appeal has been filed. In fact, Tengku Dato’ Baharuddin Shah bin Tengku Mahmud, now Court of appeal judge, in the case of Baha Jambol, has yet to write his ground of judgment after a lapse of 9 years and 4 months following appeal by Baha Jambol against his Conviction and Sentence to death for a drug trafficking offence. There are be no conceivable reason for his having ignored the Chief Justice’s Circular. There are several other criminal appeals in which Tengku Dato’ Baharuddin Shah bin Tengku Mahmud has yet to hand down his grounds of judgment. The hallmark of a good judge is his ability to deliver judgments promptly. All other considerations are subservient to this quality in the appointment of judges. 

I am glad that the Chief Justice tun Ahmad Fauriz Sheikh Abdul Halim has responded to the demand by the Prime Minister that he put up a report relating to the 35 written grounds of judgment yet to be delivered by Datuk Hashim Yusoff when he was a High Court judge. It is mind-boggling how Datuk Hashim Yusoff, Despite this default, was elevated to the Court of Appeal and then to the Federal Court on the advice of the Chief Justice to the Prime Minister. Obviously, the Chief Justice was wrong in his judgment to elevate Datuk Hashim Yusoff to the Court of Appeal and then to the Federal Court. Likewise, the Chief Justice misjudged when promoting Tengku Dato’ Baharuddn Shah bin Tengku Mahmud to the Court of Appeal. I call upon the newly-appointed President of the Court of Appeal. Datuk Abdul Hamid Mohamad, and Chief Judge ( Malaya), Datuk Alauddin Mohd Sheriff, to publicly give the figures relating to unwritten ground of judgment both in the subordinate courts, High Courts and the Court of  Appeal in criminal and civil appeals. What has been revealed so far is only the tip of the iceberg. 

In fact to my mind, a Royal Commission of Inquiry should be set up to investigate the scandalous state of affairs relating to unwritten grounds of judgment by judicial officers in the country and to make the necessary recommendations. If need be, those who have defaulted and ignored  the Chief Justice’s circular, should be subjected to a tribunal for misconduct. The judiciary requires a thorough cleansing in the public interest.                   

(6/9/2007)