(News Straits Times; February 6, 2007)

By Nancy Nais

KUCHING: Sarawak made legal history yesterday with the launch of the country’s first court video/teleconferencing facility between the Miri and Kuching courts. It will be installed in Sibu and Bintulu later.

This means that a lawyer in Miri, for example, need no longer travel to Kuching to present his case.

He can appear before a judge in a Kuching case via the video/teleconferencing room in Miri High Court, saving time and travel for both lawyers and their clients.

Chief Justice of the Federal Court Tun Ahmad Fairuz Sheikh Abdul Halim, launching the facility yesterday, said that teleconferencing between courts in Sarawak was another step to ensure that justice was not only done but seen to be done, and for the smooth running of court cases.

"If Sarawak can generate success, I do not see why all Malaysian courts cannot follow the same system."

He said that he was confident that the facility would help clear the backlog of cases, hopefully within a year.

For now, the system would only be used in civil cases but its use in criminal cases should start soon.

Also launched were the short messaging system (SMS) and File Tracking System (FTS).

SMS technology will be used to notify advocates of last- minute court hearings or rescheduling, and remind them of the status of their cases. The FTS will allow the court to keep track of the whereabouts of each individual file.

Ahmad Fairuz said further discussions were planned with the Chief Judge of Sabah and Sarawak Datuk Seri Panglima Richard Malanjum and state-owned Sarawak Information Systems Sdn Bhd on the possibility of implementing the same system in other states.

Several local lawyers said the court video-conferencing facility would help to improve time management, quicken court proceedings and reduce the backlog of cases.

The start of the video-conferencing facility follows close on the heels of the launching of mobile courts on Friday.

Malanjum said the court would go to remote areas of Sarawak, rather than compelling rural folk to travel to the town where the courts were located.

"The need is for each and every citizen in the state, regardless of race, status and position, to be within the reach of each and every citizen’s constitutional rights," Malanjum said at the opening of the Sarawak Legal Year 2007.

Another project to be implemented in the courts in Sarawak is the use of a case management technique known as Alternative Dispute Resolution (ADR), which can include mediation.

"The reality is that it would be humanly impossible for a judge to attempt to hear hundreds of full trials in a year, so the use of ADR will be a welcome relief," he said, urging the legal community to seriously try to resolve disputes before taking them to court.

"It is not only to save costs, but also provides a win-win situation to litigants," he said.

He also raised the issue of lawyers having too many cases in different courts at the same time.

"While I am very much aware of an individual’s constitutional right to engage the counsel of his choice, I think busy counsels can serve and protect the interests of their clients if they have the will to share the ‘cake’ with their fellow lawyers," he said.

"I am sure simple cases in the magistrate’s courts can be handled by more junior lawyers and need not be handled by a top-notch advocate.

"So he doesn’t have to run from one court to another."