KUALA LUMPUR, March 16 — The Malaysian Bar Council has been given the mandate by lawyers to consider a boycott of the courts or to organise a march to protest Chief Justice Tun Zaki Azmi’s key performance indicators (KPIs) in courts. The Malaysian Insider understands that a boycott and a protest march were among the drastic measures discussed at last weekend’s Bar annual general meeting which passed a no-confidence resolution against Zaki and gave council members the power to decide on “appropriate steps to protest.”
Tommy Thomas, the prominent lawyer who had moved the resolution at the AGM, said that litigation lawyers and even police investigating officers were at “breaking point” over the use of key performance indicators (KPIs) in courts.
This was because judges were insisting on their appearance in different courts because of pressure to clear cases from the KPIs.
Thomas told The Malaysian Insider that applying KPIs in the courts was similar to applying it in hospitals.
“Common sense will tell you that applying KPIs to surgeons in a hospital is stupid.
“Similarly you cannot generalise when it comes to trial. It will depend on the circumstances of the case. Some trials will require one day, some will require one week and some others may require a longer time,” he told The Malaysian Insider in an interview this week.
Criminal lawyers and police investigating officers approached by The Malaysian Insider have also confirmed that KPIs are wreaking havoc on the criminal justice system.
This is because police investigating officers are required to appear as prosecution witnesses, but their involvement in different cases at the same time is compounded by the insistence of various judges for them to turn up in different courts at the same time.
At last weekend’s Bar AGM, newly-elected Bar Council president Lim Chee Wee told reporters that despite talks with Zaki, judges and judicial officers still “misbehaved” in order to meet the KPI requirements, which in turn affected the administration of justice.
Lim had said the courts sometimes brought forward hearing dates without counsel’s consent, rushed to close cases and failed to give enough time for lawyers to prepare a defence in criminal trials involving serious offences.
Lawyers were “crying out” as they were not being given enough time to interview witnesses, prepare written submissions or draft appeals due to the current “compacted” nature of court proceedings, he said.
In an interview this week, Thomas confirmed that protest measures discussed at the AGM include a boycott and a protest march.
“Lawyers must have enough time to prepare. No two cases are the same and no two litigants are the same,” he said.
“They always say that there are 13,000 lawyers but actually there are only about 5,000 who do court work as advocates. If there is a perception that these 5,000 are lazing in the sun that must be demolished because the truth is these lawyers are at breaking point,” he said.
Thomas also questioned whether there was indeed a backlog of cases, pointing out that he had never faced problems in getting hearing dates.
The senior lawyer suggested that the authorities set up a Royal Commission of Inquiry if there was really any radical problem affecting the courts system and the administration of justice.
“The law is evolutionary never revolutionary. Changes come slowly but the KPI is revolutionary,” he said.
Tommy Thomas, the prominent lawyer who had moved the resolution at the AGM, said that litigation lawyers and even police investigating officers were at “breaking point” over the use of key performance indicators (KPIs) in courts.
This was because judges were insisting on their appearance in different courts because of pressure to clear cases from the KPIs.
Thomas told The Malaysian Insider that applying KPIs in the courts was similar to applying it in hospitals.
“Common sense will tell you that applying KPIs to surgeons in a hospital is stupid.
“Similarly you cannot generalise when it comes to trial. It will depend on the circumstances of the case. Some trials will require one day, some will require one week and some others may require a longer time,” he told The Malaysian Insider in an interview this week.
Criminal lawyers and police investigating officers approached by The Malaysian Insider have also confirmed that KPIs are wreaking havoc on the criminal justice system.
This is because police investigating officers are required to appear as prosecution witnesses, but their involvement in different cases at the same time is compounded by the insistence of various judges for them to turn up in different courts at the same time.
At last weekend’s Bar AGM, newly-elected Bar Council president Lim Chee Wee told reporters that despite talks with Zaki, judges and judicial officers still “misbehaved” in order to meet the KPI requirements, which in turn affected the administration of justice.
Lim had said the courts sometimes brought forward hearing dates without counsel’s consent, rushed to close cases and failed to give enough time for lawyers to prepare a defence in criminal trials involving serious offences.
Lawyers were “crying out” as they were not being given enough time to interview witnesses, prepare written submissions or draft appeals due to the current “compacted” nature of court proceedings, he said.
In an interview this week, Thomas confirmed that protest measures discussed at the AGM include a boycott and a protest march.
“Lawyers must have enough time to prepare. No two cases are the same and no two litigants are the same,” he said.
“They always say that there are 13,000 lawyers but actually there are only about 5,000 who do court work as advocates. If there is a perception that these 5,000 are lazing in the sun that must be demolished because the truth is these lawyers are at breaking point,” he said.
Thomas also questioned whether there was indeed a backlog of cases, pointing out that he had never faced problems in getting hearing dates.
The senior lawyer suggested that the authorities set up a Royal Commission of Inquiry if there was really any radical problem affecting the courts system and the administration of justice.
“The law is evolutionary never revolutionary. Changes come slowly but the KPI is revolutionary,” he said.
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