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The acquittal and discharge of former national coach Mr. C. Ramanathan by the High Court brings into sharp focus the necessity of ensuring appointment of fit and proper persons as Magistrates and Sessions Judges   Media Statement by  Karpal Singh (Kuala Lumpur,  Thursday):  In Ramanathan’s case, it took the Sessions Judge nearly five years to hand down her grounds of judgement. Ramanathan was charged for two offences allegedly committed as far back as October, 1992. He was charged on 4th October, 1004. The Sessions Judge convicted Ramanathan on 8th November, 1996. But the Sessions Judge only made available her grounds of judgement on 26th October, 2001.  This particular Sessions Judge has been guilty of the same default, namely, delayed judgements in several other cases. Magistrates and Sessions Judges are required to hand down grounds of judgement within six weeks from notice of appeal being filed in criminal matters as ordained by a directive to that effect by the Chief Police, Malaysia. In Ramanathan’s case, no reason was assigned for the long and inordinate delay in the grounds of judgement being handed down. This is certainly a manifest denial and miscarriage of justice.   In the public interest, I call upon the Chief Justice to direct an inquiry to be initiated as to why the Sessions Judge in Ramanathan’s case and in several other cases has been guilty of handing down delayed judgements without any excuse. The public interest demands this be done.   In my view, it is judicial misconduct for a judge or a subordinate judicial officer to hand down delayed judgements without any reasonable excuse.   In the meanwhile, I call upon the Government to consider enacting a law to provide compensation and costs of defence to be paid to persons who are acquitted. This will certainly discourage vexatious and frivolous prosecutions.   Presently, there is provision for payment of costs of the prosecution and compensation by accused persons who are found guilty in sections 426, 427 and 428 of the Criminal Procedure Code. This is certainly discriminatory and inconsistent with Article 8(1) of the Federal Constitution which states:   “All persons are equal before the law and entitled to the equal protection of the law.” (20/1/2005) * Karpal Singh, DAP National Chairman and MP for Bukit Gelugor