NS Bar 44th Annual Dinner 2nd of October, 2009 - Chairman's Speech

44TH ANNUAL DINNER AND DANCE 2009 NEGERI SEMBILAN BAR


KE BAWAH DULI YANG MAHA MULIA YANG DIPERTUAN BESAR NEGERI SEMBILAN DARUL KHUSUS TUANKU MUHRIZ IBNI AL-MARHUM TUANKU MUNAWIR DAN KE BAWAH DULI YANG MAHA MULIA TUNKU AMPUAN BESAR NEGERI SEMBILAN DARUL KHUSUS TUANKU AISHAH ROHANI BT AL-MARHUM TENGKU BESAR MAHMUD

AMPUN TUANKU BERIBU-RIBU AMPUN SEMBAH PATIK POHON DIAMPUN…..(SEMBAH)

DENGAN SEGALA HORMATNYA DAN PENUH TAKZIM, PATIK MERAFAK SEMBAH, MENJUNJUNG SETINGGI KASIH, KE ATAS KEBERANGKATAN DULI YANG MAHA MULIA TUANKU BERDUA MENCEMAR DULI, KE MAJLIS MAKAN MALAM TAHUNAN PEGUAM NEGERI SEMBILAN YANG KE 44

AMPUN TUANKU…. PATIK MOHON PERKENAN UNTUK PATIK MENYAMPAIKAN SEPATAH DUA KATA KEPADA PARA HADIRIN DALAM BAHASA INGGERIS AMPUN TUANKU (SEMBAH)

YANG ARIF TUAN ABDUL ALIM BIN ABDULLAH HAKIM KANAN MAHKAMAH TINGGI MALAYA DI SEREMBAN, YANG ARIF TUAN AHMAD NASFY BIN HAJI YASIN PESURUHJAYA KEHAKIMAN MAHKAMAH TINGGI MALAYA DI SEREMBAN, YANG BERBAHAGIA ENCIK RAGUNATH KESAVAN PEGERUSI MAJLIS PEGUAM MALAYSIA, HAKIM-HAKIM, MAJISTRET-MAJISTRET, DIF-DIF KEHORMAT;

TUAN-TUAN & PUAN –PUAN Yang saya hormati sekalian

DISTINGUISHED GUESTS, LADIES AND GENTLEMEN

ON BEHALF OF THE NEGERI SEMBILAN BAR I EXTEND TO YOU A VERY WARM WELCOME TO THIS YEAR’S ANNUAL DINNER AND DANCE. A UNIQUE AND TOUCHING FEATURE OF OUR N.S. BAR DINNER AND DANCE IS THE PATRONAGE AND GRACIOUS PRESENCE OF THEIR ROYAL HIGHNESSES, FOR WHICH WE ARE EXTREMELY GRATEFUL AND TOUCHED.

Last year, I spoke about the role of the bar which is sometimes misunderstood. In the last few months new issues have attained prominence.

Our new Chief Justice has been relatively concerned about the public perception, that it is the courts that is the author of the current back log of cases.

To correct this perception, all those concerned with the machinery of justice are now like “F1” drivers disposing cases like how F1 driver would complete 72 or 65 laps at top speed in order to get to the finish line, ahead of the other drivers.

In Kuala Lumpur we have the fast track system where judges in Kuala Lumpur have been divided into 3 divisions, One to deal and dispose off interlocutory applications, another to deal and dispose of appeals and one division to deal and dispose of trials.

All these augurs well for disposal of cases expeditiously. But we must tread carefully. We must be careful not to replace one misconception with another. We must be aware that there may emerge a new perception that we are not concerned with dispensing justice but we are concerned with statistical justice. When pressure is placed on the judiciary to provide statistics of their rate of disposal and when their efficiency is measured against the speed at which justice is disposed of, then there is a likelihood of the emergence of this perception.

Praising , commending and promoting judges whose emphasis is on the speedy disposal of their cases, will certainly lead to the perception that our priority is first the speedy disposal of cases and not the dispensation of justice in accordance with the serious consideration of the law and facts of the matters in dispute.

Litigants come before our courts because they are in agreement that our courts have an established track record in the dispensation of justice. When they come before our courts, they have the expectation that they will be heard and heard seriously and serous consideration will be given to the issues in dispute and the law applicable. They have serious expectations that justice will be done. All these expectations cannot be satisfied if speed is the priority.

Of course this not to say that we expect justice to be dispensed at the pace a snail moves about. But there are some matters which must be left to the discretion of the presiding judge . It is the presiding Judge who is the best Judge of how a particular issue before him or her ought to be disposed of . His or her discretion ought not to be fettered by directives. Of course deliberate and frequent post-ponements will attract some form of reprimand.

If the bar may be allowed to give some suggestions as to how the current back-log can be resolved, we would first suggest the introduction of plea-bargaining in criminal cases..

Civil disputes are to be first brought before a mediation judge who will certify that the dispute cannot be resolved between the parties by mediation, before the matter is reverted to a civil Judge for disposal.

The manner in which the transfer and promotion of Judges being undertaken need to be seriously looked into. Before a Judge is transferred or promoted at least 6 months notice ought to be given to the judge concerned so that his priority will be focused in disposing all his pending cases. It is of no use transferring a judge from Seremban to Penang or promoting a judge to Putrajaya when he or she will need to return to Seremban to dispose of his part-heard cases and will not then be available at his new place of destination to service the public there and finally, When a transfer or a promotion is exercised,
A replacement judge must be appointed immediately as his/her absence will create a new back-log.

Whoever we are and what role we may be playing in the administration of justice, we are all concerned with adhering to the needs of the public that haven chosen to settle their disputes in a civil manner and we on our part must not disappoint them.

AS I CLOSE MY SPEECH, PLEASE ALLOW ME TO
EXTEND MY GRATITUDE TO THE MEMBERS OF
THE BAR COMMITTEE WHO HAVE SACRIFICED
THEIR TIME AND ENERGY FOR THE N.S BAR.

LADIES AND GENTLEMEN
CAN I INVITE YOU
TO PUT YOUR HANDS TOGETHER
FOR: EN: HANIF HASSAN~ OUR SOCIAL CHAIRMAN

MR.RAJINDAR SINGH ~ OUR CONTINUING LEGAL EDUCATION CHAIRMAN
MR. DAVID KHOO ~ OUR SPORTS CHAIRMAN
MISS. NICOLE TAN LEE KOON ~ PUBLICATION & WEBSITE CHAIRMAN
MISS. AMY CHONG CHAI LING ~ THE BAR ROOM / LIBRARY CHAIRMAN
PUAN ZAINURITHA-ALFA BTE DATO ABU HASSAN ~ OUR PUBLIC RELATIONS CHAIRPERSON
MR.MANIAN RAJU ~ OUR PROFESSIONAL PRACTICE CHAIRMAN
EN.RIDZMANN ABDULLAH ~ OUR HUMAN RIGHTS CHAIRMAN
MR.JOSEPH MATTHEWS ~ OUR LEGAL AID CHAIRMAN
OUR HONOURABLE SECRETARY ~ MR.INDRAN KUMARAGURU
THE N.S.BAR REPRESENTATIVE AND OUR FORMER CHAIRMAN, AND MALAYSIA BAR TREASURER MR.TONY WOON

A SPECIAL THANKS ALSO TO
OUR UNSUNG HERO MR.V.VEERAMALAI
ABLY ASSSISTED BY PUAN NORAINI BTE BAKAR
THE STAFF OF OUR SECRETARIAT
I ALSO WISH TO PAY SPECIAL RECOGNITION
TO THE MEMBERS OF THE ORGANISING COMMITTEE
UNDER THE LEARDERSHIP OF EN.HANIF HASSAN


LAST BUT NOT LEAST
TO EN: RAFIZI ZAINAL ABIDIN DAN NURUL NADIA
THE CO-EMCEES TONIGHT

MR. JAYAPRAKASHRAO
WHO ARE RESPONSIBLE FOR KEEPING OUR SPIRITS HIGH

LADIES AND GENTLEMEN
THANK YOU AND HAVE A WONDERFUL NIGHT

AMPUN TUANKU ….(SEMBAH)
SEKIANLAH SAHAJA SEMBAH UCAPAN PATIK
MENJUNJUNG KASIH TUANKU

Speech by NS Bar Chairman, Paul Selladurai