Screenshots

UPDATED VERSION. The chief justice has adequate powers to deal with judges who delay written judgments, said Human Rights Commission (Suhakam) chairperson Abu Talib Othman. Quote, via Malaysiakini:

“It’s entirely up to the CJ (chief justice) to move (on this). (Stemming) the rot is in his hands. It’s (only a matter of) whether he wants to exercise the powers or not,” he told malaysiakini in an interview at his office today.

The powers, he said, are provided in the Judges’ Code of Conduct 1994 as well as in certain provisions in the Federal Constitution.

Abu Talib was asked to comment on two recent cases of death row prisoners failing to obtain a written judgment. The cases were highlighted by the New Straits Times.

He said that although the CJ - currently Ahmad Fairuz Sheikh Halim - is not empowered to directly remove judges, he can initiate other forms of action.

(Both the code and Article 125 of the constitution allow the CJ to refer such cases to the King through the prime minister, seeking that a tribunal be set up to remove those concerned for non-performance of duty.)

ORIGINAL POSTING

We are quite aware that the NameWee Negaraku-ku issue can be made an effective tactic to distract us from an unporecedented host of grave issues affecting this country, aren't we? Let's put away the shades that wool your eyes.

There's more development to the Screenshots entry dated August 20 on the candidate nominated by the Prime Minister to be the Chief Justice of Malaysia.

The concern came about when I learned from a senior criminal counsel that the PM's choice for the Chief Judge of Malaysia is somebody with tainted track record, including the non-delivery of written judgments for cases returned with death sentence.

Incidentally, theSun ran an editorial yesterday -- Trying time for judges -- that there are two accused who had been left rotting away in the death cells for five years, since 2002. Their defence lawyers couldn't find any appeal as there was no written judgment for them to refer to.

'Death sentence, but no written judgment after 9 years and 3 months'

Today, August 21, the NST came up with a story to highlight the plight of another death row prisoner who has been languishing and forgotten in jail for too long — nine years and three months!

Baha Jambol of Kelantan, 45, said he had written 11 appeal letters seeking the grounds of judgment. He claimed that the delay is prejudicial against him and a miscarriage of justice. He demanded the court hear his appeal or let him walk free.

The NST named Tengku Baharuddin Shah Tengku Mahmud as the trial judge. Tengku Baharuddin is now a judge in the Court of Appeal.

Karpal Singh

Baha's counsel, Karpal Singh, affirmed an affidavit on behalf of his client. Quote:

He said under the Court of Appeal Rules 1994, a trial judge was required to supply the grounds to be included in the record of appeal as soon as "practicable".

Record of appeal consist of notes of proceedings, written judgment and exhibits.

He said in criminal appeals, an appellate court cannot hear a case without written grounds .

Karpal said the failure to provide the grounds after a long time amounted to a serious denial of due process of law which required immediate appellate court interference.

"The inordinate and unexplained long delay in delivering the grounds of judgment has occasioned a miscarriage of justice as the appellant (Baha) has been languishing on Death Row for more than nine years awaiting hearing of his appeal."

He said the principle of fair trial should be applied even more rigorously where the excessive delay was not caused by the prosecution but the court itself.

Karpal said the long delay in providing the grounds would have prejudiced Baha because the trial judge’s assessment of witnesses would have been blurred.

"The delay would have increased the chances of omission on the part of the trial judge to deal with material facts and issues which ought to have been favourable to the appellant," he said.

We, however, still do not know if the judge who failed to deliver his written judgment in Baha's death sentence was a candidate the PM had nominated for elevation to be the Chief Judge of Malaya.

Or if the PM had indicated nominated a better candidate than the judge who orally sent Baha to the death gallow for the job.