Raus: Be responsible in criticising judgments

PUTRAJAYA: Criticism by the public of court judgments must be done constructively, respectfully and in good faith, said Chief Justice Tun Md Raus Sharif.

He said one should not simply test the outcome of a judicial decision against one’s political belief.

“I recognise the constitutional right of every citizen to challenge and test the correctness of our judgments through due processes.

“We do accept that our judgments are open to criticism by the public,” he said at the opening of the Judicial Year 2018.

He said it was important that the right to comment or criticise court judgments be exercised responsibly as it was crucial to preserve the credibility of the courts since citizens go to courts to protect their constitutional rights.

Raus said lawyers should be temperate in their reaction and exercise restraint, circumspection and good manners before making unwarranted remarks against the judiciary, especially in public debates and discussions.

He said it was imperative that critics must have an accurate understanding of facts, issues and applicable laws.

“Judges are not infallible and must be open to criticism. Harsh and unwarranted criticism threatens the foundation of the rule of law and weakens the judiciary in the performance of its constitutional duties.”

He said the judicial system was a self-correcting one so that a litigant who was dissatisfied with the court’s decision could go through the appeal process.

The Judicial Year 2018, which was held at the Putrajaya International Convention Centre, was attended by 700 people from the legal fraternity.

The event saw the chief justice delivering a speech instead of three speeches — from the Malaysian Bar president and the attorney-general.

In his speech, Raus said the judiciary’s goal for this year was that there should not be any postponement once a hearing date had been fixed.

He said once the trial date had been fixed, the case should proceed.

“Adjournments should only be granted in extraordinary circumstances.

“Adjournments of trials must be a rarity,” he said, adding that the Malaysian Bar must play a proactive role on this matter.

“As a rule, I will no longer entertain blanket applications for postponement of cases, citing conferences, annual general meetings, extraordinary general meetings and others.

“Similarly, the Attorney-General’s Chambers should also follow this strict rule.

“The rule is that there shall be no postponement, except in the event of death or near death,”

Raus said the judiciary reaffirmed its commitment to its mission to maintain an independent and competent judicial system which upheld the rule of law, safeguarded the rights and freedoms of the individual and commanded domestic and international confidence.

He said the public could rest assured that the judiciary was conscious of its constitutional role in ensuring that the acts of the executive and the legislature complied with the law and citizens’ fundamental rights and freedoms were fully protected.

“It is not the function of the judiciary to meddle in matters that fall under the responsibility of the executive or legislature.

“Similarly, we expect the executive and legislature not to meddle in matters which are in the realm of the judiciary.”

Raus said the working relationship between the judiciary, Bar and the Attorney-General’s Chambers must be maintained. He said he would maintain and cultivate the tradition of working together with the Bar, the Attorney-General’s Chambers and other stakeholders.

He said a good system of justice required the co-operation of the Bench, the attorney-general and his officers and the Bar to achieve the ultimate objective of serving the public.

At the event, Raus announced that the construction of two court complexes in Kota Kinabalu, Sabah, and Tapah, Perak, would be completed by March. Bernama