VIRTUAL court hearings have been extended along with the movement control order until April 14, but no criminal trials will be heard during this period.
A notification from Federal Court chief registrar Ahmad Terrirudin Mohd Salleh, detailing various modes of online hearings, was forwarded yesterday by Malaysian Bar secretary A.G. Kalidas to lawyers on the peninsula.
“These are only for civil hearings not trials,” said Kuala Lumpur-based lawyer Lee Shee Pin.
“Criminal trials can’t be held online because of the Criminal Procedure Code, which requires the accused to be there in person.”
Lee said civil cases could continue because many interlocutory matters could be dealt with via written submissions.
“If that’s the directive from the court and both parties agree, there’s nothing against that. Like using e-mails as a proper (court) service – as long as both sides agree, it’s legal.”
All trials have been halted since March 18, when the movement control order came into place.
High-profile corruption trials such as Najib Razak’s, which was scheduled to resume on March 19, have since been deferred to continue in mid-April.
Other trials that were vacated include the corruption trials of Umno president Ahmad Zahid Hamidi and former Federal Territories minister Tengku Adnan Tengku Mansor.
There are concerns over online hearings with some believing that court cases could wait until the MCO is lifted to be heard.
“My view is that it is a hasty exercise undertaken by the judiciary,” said Yee Fan Lai, a civil litigation lawyer.
“The circular specifies that online court hearing (OCH) is applicable for cases that require urgent disposal. However, there’s no clear definition as to what type of situation would be regarded as urgent.”
The lawyer was also unsure if consent is required from opponent solicitors on the use of online hearings and doubted if most users are ready as no training on the use of such facility has been provided.
“There’s no clear indication as to hardware and software requirements needed from us. In fact, a lot of us are unsure which platform will be used for OCH purposes.” – March 28, 2020.
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Comments
Firstly, in doing this, the judiciary is instigating breaches of the MCO. It can't be clearer that the MCO left out judicial and legal services out of the list of essential services. To insist on a 'business and usual' (BAU) mentality risks lawyers and legal officers in corporation to risk movement to deal with their commercial issues (READ : Commercial Issues!) when safety and lives are at stake.
A lawyer goes in to office in breach of the MCO to take files to prepare. A company legal executive risks travel across town because need to access documents to pass to the lawyer. Jobs are on the line. Desperate times people will take risks. Is it necessary?
Secondly, the judiciary also assumes that everyone has broadband and more importantly is free from Covid19. Imagine this, a sole proprietor lawyer who is in hospital for Covid19 or a lawyer or judicial officer with a family member in icu on a ventilator because of Covid19. Will they be able to handle the added stress of court? Will they be in a frame of mind to deal with commercial matters? Fight over and preside over other peoples money?
Maybe too extreme of an example. Picture a lawyer in the edge of Jengka with patchy 3g signal and unreliable dial up internet. Will this lawyer have access to expensive document management server system to handle online litigation? Simpler, a lawyer who is trying to work from home with 3 screaming kids requiring attention. Fair?
I hope you get the picture. Have compassion.
Please wake up. We have to get our collective heads out of the sophisticated Klang Valley delusional bubble. Where everyone has a home office with wireless link to their office 'document management system database' and HD broadband ready for video hearings.
Anyway, since when have commercial matters become a life or death issue? Why put your own judicial officers, lawyers, clerks at risk and in potentially likely breach of the MCO?
For what? Vanity sake that we have an e-system that can allow BAU?
Be human. There is enough stress in the world today without the judiciary adding another unnecessary self indulgent layer to it. Give KPI s a rest for a month. No one is going to die from it.
Posted 4 years ago by Robbie Isgod · Reply