KUALA LUMPUR: Twenty High Court judges and judicial commissioners have been issued with transfer orders in what is believed to be the single biggest movement in recent years.
However, the legal fraternity has expressed concern over the short notice given to the affected judges (see table) although they understand that the transfer exercise was to increase "efficiency"
They said the judicial officers should have been given between three and six months to dispose of their part-heard cases.
The transfer order, signed by Chief Judge of Malaya Datuk Arifin Zakaria, was dated Dec 4.
All those affected are to report for duty at their new stations on Jan 1.
It said the reshuffle was done with the consent and approval of Chief Justice Tan Sri Zaki Azmi.
A letter faxed to the judicial officers stated that they were to submit a list of the part-heard cases to Arifin.
Early last year, 11 judges were instructed to report at their new stations on Feb 15 and there was vehement protest from lawyers.
The then chief justice Tun Ahmad Fairuz Sheikh Abdul Halim, who was performing the duties and functions of the chief judge of Malaya, signed the transfer letters dated Jan 12 and faxed to all judicial officers four days later.
Malaysian Bar president Datuk Ambiga Sreenivasan, in response to the latest transfer order, said it had always maintained that adequate notice be given to affected judges.
"This is to arrange their affairs and also to ensure no part-heard cases were left," she said, adding that a notice of between three and six months would have been ideal.
She, however, said the transfers were being carried out with a view to increase "efficiency" as the Bar understands more judicial commissioners would be appointed to dispose of the backlog of cases.
Meanwhile, Kuala Lumpur Bar Committee member Datuk N. Sivananthan said top judicial officers had given the assurance that part-heard cases would be resolved.
Sivananthan said this was conveyed to the committee which met Zaki, Arifin and Court of Appeal president Tan Sri Alauddin Mohd Sherif at the Palace of Justice on Thursday when the transfer exercise was brought to their attention.
"That is the reason the affected judges were asked to provide the list of part-heard matters so that a mechanism could be found to dispose of the cases."
However Selangor Bar Committee secretary M. Sumathi said the short transfer notice would affect the administration of justice because the High Court in Shah Alam was extremely busy.
"Judges here are overworked because of the volume of cases. The sudden transfer is bound to disrupt the schedule of part-heard matters. Justice delayed is justice denied."
She said the transfer exercise was untimely as the High Court would be on vacation from Monday until next year and there would be no proceedings.
"Affected judges cannot dispose of cases over the next two weeks because lawyers, too, have planned something else during the vacation."
Criminal lawyer Salim Bashir said such transfers were unfair to accused persons because only a judge who "hears and sees witnesses" could assess their credibility and reliability.
"A new judge cannot determine the demeanour of witnesses who have given evidence and this will be prejudicial to the accused person when he is entrusted to make a finding."
Lawyer Amer Hamzah Arshad said the transfer exercise would have financial implications and questioned whether it was timely under the current economic climate.
V. Anbalagan
New Straits Times
13/12/08
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