CJ: Senior Judges Cannot Influence Decision Made By Lower Court Judges

PUTRAJAYA, Jan 16 (Bernama) -- Senior judges cannot influence the judges of the High Courts and subordinate courts in arriving at their decision on court cases, said Chief Justice Tan Sri Arifin Zakaria.

He said a police report could be lodged if there were attempts of interference.

"Appellate court judges and Federal Court judges cannot influence the decision of a magistrate. Nobody at all, even the Chief Justice cannot talk to the magistrate.

"If I were to tell the magistrate to decide one way, it is an offence," said Arifin at the closing of the Judges Conference held at the Putrajaya Marriot Hotel, here Monday.

"Nobody is above the law, said Arifin.

The chief justice said appellate court judges and Federal Court judges appointed as managing judges to oversee the administration aspect in the High Courts and subordinate courts could not interfere with the decision-making of the high court judges and subordinate court judges.

Arifin said the practice of having managing judges to oversee the administration at the lower courts would be retained.

"This is because it is good practice. The court of appeal judges and Federal Court judges are experienced judges and they would assist and guide these judges," he said.

He said managing judges were appointed to monitor the number of court cases that were being fixed for hearing in a day as well as how many cases were disposed off to ensure expeditious administration of justice.

The system of having managing judges was introduced by former Chief Justice Tun Zaki Azmi replacing the previous system where a judge with similar seniority was designated to manage the courts.

Arifin also said the second judges conference would be held in the middle of the year for the judiciary to see how far it had progressed.

Meanwhile, Court of Appeal President Tan Sri Md Raus Sharif said there would not be any expansion on the number of judges to sit on the appellate panel to hear criminal and civil cases.

He, however, said he would consider constituting a panel comprising more than three judges in exceptional cases if there was an application made by parties in the case.

At the opening of the Legal Year 2012 held on Saturday, Arifin announced that effective January this year, all criminal and civil cases at the Federal Court would be heard by a panel comprising five judges as compared to three previously.

He said the increase in the number of judges to sit on the panel was aimed at improving the quality of judgments and decisions.