Members’ Complaints Regarding Current Court Proceedings
An email from Azman Thaiyub Khan, a member of the Malaysian Bar, sent to the “Lawyerstalk” email forum, comprising more than 8,500 Malaysian lawyers. Azman had prepared a “Statement On Members’ Complaints With Regards Current Court Proceedings” leading up to a press conference held by the Bar Council on 4 March 2011. The email below was sent after the press conference, and press release. You can view Azman’s statement in full here.
The press conference in relation to the issue of KPI was held today. Personally I would classify it as wholly unsuccessful.
My justifications are as follows:
- First and foremost, despite a whole lot of noise, the lawyers have once again proven that we are all talk and no action. Despite my invite and e-mails and SMSes, hardly seven members of the Bar actually turned up to support (but never mind I am sure you will all get old and get sick and get ill and have family members passing away and you won’t be able to get adjournments from courts and AT THAT TIME you shall remember me and my attempt). Also not seen were those who promised to stand by me.
- It is my personal view that while the Bar Council gave face to me and my effort, they are still hiding behind their fear of repercussions and therefore did distance themselves from my statement by handing it out separately from their own statement and subsequently only uploading their (as usual) mildly worded statement on the web. This was contrary to the agreement that my statement shall form part of the press statement by the Bar Council.
- Although the media turnout was actually full force, after an hour of speech they had no idea what was trying to be conveyed to them. And when they did ask “what do you want?” the answer should have been “for the CJ to stop saying we are the cause for the delay and backlog.”
But never mind. I am quickly turning into one of those people who don’t give up easily these days so I shall take further steps now as I deem fit.
Anyway, I attach herewith a copy of the statement that I spent days researching and working on for ALL YOUR BENEFIT, for your reading pleasure as you continue to wait long hours in court, conduct trials into the night and weekends and gripe and whine in the court corridors (and of course the corridors of Bar Council!).
Azman is silly person who thinks that the world should conform to some sort of accepted worldly law of fairness and justice only to find this belief being eroded more and more each tiring and resentful day.
Related posts on LoyarBurok:
- The Bar Council President And His Press Releases, 23 February 2011, by Fahri Azzat.
- Speedy Gone Justice, 22 February 2011, by Art Harun.
- Justice On A Coin Flip? 19 February 2011, by Dipendra Harshad Rai.
- LoyarBorak #2: How Relevant Is The Bar Council? Part 1 & Part 2, 25 & 26 November 2010, by Adriana Leu, Foong Cheng Leong, Grace Wong, Lee Shih, Marcus van Geyzel, and Siti Shahrom; and A Bar Council Member’s Riposte to LoyarBorak #2, 29 November 2010, by Brendan Navin Siva.
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Tags: Azman Thaiyub Khan, Bar Council, Chief Justice, Court, court proceedings, Judges, Judiciary, KPI, Lawyer, Malaysian Bar, Tun Zaki Azmi
Posted on 7 March 2011.
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Great stuff.
It is sad that the Judiciary – rather than being an August Institution of Justice or putting itself out as third pillar of government (check and balance, anyone?) is merely devolving itself into an rigid arm meting judgments/orders to meet its targets.
On the whole, I also think there are also attempts to villanise lawyers and for what they stand up for. Was it any coincidence the media picked up on the increased fees (which I hear was made out of context) then a week or so later, a nice pic of our PM annoucing the Legal Aid Foundation to help the people(which was long in the pipelines). Makes very good publicity, no?
Azman, I think your press statement was well written and an accurate reflection of the grouses on the ground as compared to the BC's statement. Rest assured you have more support than the actual number of persons who turned up. Maybe we can set up your statement like an online petition, then we'll see how many signs up.
Warning… reading on may cause involuntary gagging or in extreme cases actual vomitting…
Lee Swee Seng JC in Sri Palmar Development & Construction Sdn Bhd v Jurukur Perunding Services Sdn Bhd [2010] MLJU 659
“The winds of change are not just blowing in the corridors of commerce and competition but also in the corridors of our courts. This is a 2002 case. Perhaps parties have slipped into slumber land while prosecuting and defending this claim. This will be a thing of the past for any party that so sleep after filing a suit will be awaken from its stupor as the courts under the dynamic leadership of the Right Honourable Chief Justice Zaki Azmi (following the Chief Justice's speech at the Lincoln's Inn dinner on 9.7.10 given in his honour for being made an honorary bencher that henceforth no titles shall be used in reference to judges in court orders and judgments) proactively and purposefully call up cases long outstanding and fix them for speedy disposal. No stones will be left unturned and no efforts spared until the backlog and clog is cleared and the cases are current. Behold the old is gone and the new has come! Never before have judges and lawyers alike worked so hard to clear the backlog of cases that have clogged up and choked the court system. With this in mind the court has fixed 24.8.10 as the hearing date for the trial and final disposal of the case”.
Azman,
Good show on the Press Release. I must say that it is a long statement but you have set out various hsitorical narratives which are useful when considering the current state that we are in.
My own experience tells me that Press Statements should not be more than 2 or at best 3 pages. This is simply because newspapers have little space and too much to to condense your statement.
Anyway, as a litigation lawyer I thank you for your efforts. You have provided an alternative view to what the BC has projecting thus far. Continue with you work please and do not give up. I also think you should consider how you can escalate this further.
All the best
Dipendra
Azman,
I am sorry I was not there. Your words speak to and for me. Thank you for capturing in print the frustrations so many of us feel and have voiced out in the court canteen.
Shanmuga K