‘Mobile court to be expanded to cover urban poor’
KUCHING: The country’s mobile court programme will soon be expanded to encompass the urban poor, said Chief Justice of Malaysia Tan Sri Tengku Maimun Tuan Mat.
She opined that setting up newer courts in larger states like Sabah and Sarawak may not alleviate logistical limitations for those residing in remote areas, hence the judiciary’s plan to pursue the programme with greater vigour.
“If one cannot access the courts, the courts will then make an active effort to reach out to them,” she said in her speech when launching the National Colloquium on Access to Justice 2020, here yesterday.
Tengku Maimun said remoteness should not only be gauged by distance but also in terms of finances, adding that financial remoteness exists in urban areas as much as they do in rural ones.
Just like the rural community in Peninsula Malaysia, she said formal justice remains merely “a figment of the imagination” as courthouses only exist in major towns, where poorer members of society cannot afford the transportation cost to seek justice.
Chief Judge of Sabah and Sarawak Tan Sri David Wong Dak Wah, who also spoke at the colloquium, said the purpose of the mobile court is to help marginalised and vulnerable groups, especially those living in the interior of Sabah, obtain important documents such as birth certificates and identification cards.
Expanding the service of the mobile court programme to urban areas is a timely move in view of the rural- urban
If one cannot access the courts, the courts will then make an active effort to reach out to them. Tan Sri Tengku Maimun Tuan Mat
migration taking place today, he added.
The mobile court programme sees buses equipped with the necessary facilities for hearing cases being sent to remote areas to provide legal services, with court proceedings taking place inside the bus.
Tengku Maimun, meanwhile, said the judiciary is looking at revising the court- led legal aid fee structure for assigned counsels, in order to attract more senior counsels to act for accused persons in criminal cases through the governmentled legal aid scheme.
“While access to justice is important, lawyers must be adequately compensated for their time and resources,” she said, adding she was heartened that Attorney- General Tan Sri Tommy Thomas had played a pivotal role in sorting out the overdue National Legal Aid Foundation payments.
The foundation makes payment to lawyers who provide legal assistance to the poor and needy, especially in criminal cases.
At the same time, Tengku Maimun pointed out that the country’s judiciary has made efforts to mitigate the cost of litigation in order to address the pressing need of cost-inhibiting genuine claims and litigants, but noted that any court finance- related changes still required the approval of the Treasury.
“The income from court fees enables the judiciary to contribute to the government revenue, while the general powers of costs may be used to punish frivolous suits or applications.
“Changes to the law to cater for better legal aid, will however, be subject to government policy that includes budgetary approval and legislative changes.”
In addition, the Chief Justice reiterated the importance of adequate funding for various initiatives like e- Courts, among others, to achieve the intended results on access to justice for the public, stressing that without funding, such initiatives remain “as fanciful as we can imagine them”.
The one- day National Colloquium on Access to Justice 2020 focuses on four main areas, namely bringing justice to rural and remote communities; improving legal aid through enhanced and legal financial structure; enhancing the experience of self- represented litigants; and technological advancement for affordable and early access to justice.
A total of 15 panellists, including three from Australia, Pakistan and Taiwan, were invited to present their papers and deliver speeches.
At the closing of the colloquium, participants produced a ‘ Kuching Statement on Access to Justice’ as a reflection of their commitment in improving and strengthening access to justice in Malaysia.
The event was hosted by the High Court of Sabah and Sarawak, and jointly organised by the Malaysian Judiciary and United Nations Development Programme ( UNDP) Malaysia.