This shall be a series of articles on abuse - protracted litigation.
The (2nd) million dollar question (the 1st one being costs) for a litigant to ask his Counsel (the 1st being Costs - refer to blog), "..... so .. how long is all this going to take?"
It is an answer which many lawyers have not only "put their foot in" but have had it teased, chewed and to devour with ketchup. The client waited with bated breath only to receive himalayan blunders.
This question is signicant not only to the litigant but to the entire judicial mechanism, from the chief justice to the fumbling advocate.
This premiliminary acticle would serve as an introduction.
1. Abuse by Judge
2. Abuse by Counsel
3. Practice & Procedural Inadequcies
Before I embark on this task, I which to highlight an excellent speech of the Indian President A.P.J. Abdul Kalam. He commented:-
“honest implementations are not impeded by unsustainable or motivated litigations or honest persons vilified through public glare based on such filings,”
He added, human rights were being violated, there was a lack transparency and almost 3% of the population was affected by the prolonged litigation (2005)
The cause he said, and I strongly believe this to be a start..
1. Inadequate number of courts and judical officers,
2. Officers not equipped to tackle cases involving specialised knowledge,
3. Dilatory tactics by litigants and their lawyers
4. COurt Administrative staff - the role played (or lack of it)
Philosophically he concluded “a human touch at the grassroots level ..will reduce the load in our courts.”
Are we doing anything about this?
The New Straits Times reported on Friday August 6, 2004 that the then CJ was out to clear backlog of cases Shophouses were to be used as courts if necessary. Whereas the CJ was emphasising on criminal cases, this is what he had to say. The courts were employing extensive use of witness statements in trials. Civil court judges would be used for criminal cases as althought we can justify the need for the increase (in judges), but the number of judges that we get will depend on the national budget. Yeo Yang Poh, the Bar Council’s vice-president commented “We have seen a real effort in the clearing up of cases. The Chief Justice and the judiciary are doing their best. We should work together to reduce the backlog.”
Sometimes, less said the better.
It is imparetive that we, the government, the judicial system and the public do something about this NOW, ... or we have only ourselves to blame if we let grass grow around our feet. Justice Delayed Justice Denied
