(STAR; February 6, 2007)

By Sharon Ling

KUCHING: The provision in the Criminal Procedure Code (CPC), which requires judges to write the notes of criminal proceedings, should be amended to speed up the disposal of cases, Datuk Richard Malanjum said.

The Chief Judge of Sabah and Sarawak said judges should be allowed to use computers to type their notes, as it would be faster.

“At the moment, all criminal proceedings have to be handwritten,” he said, adding that justice should not be sacrificed in the effort to expedite the hearing and disposal of cases.

“For instance, when a witness is giving evidence, we have to write it down by hand as it’s a requirement of the law.

“We want the federal Attorney-General to help us amend the CPC so that we can use computers to record proceedings.”

Malanjum had earlier headed a procession of judges, judicial officers and lawyers in ceremonial attire from the State Assembly building to the Courthouse Complex to mark the opening of the legal year.

At a later function when launching the use of video and tele-conferencing for trials, Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim went one step further by saying video recordings could also be used as notes of evidence.

“We have a provision in the Criminal Procedure Code which says that notes on the proceedings must be handwritten by the judge. Maybe, we will have to amend this provision so that video conferencing can be done and the proceedings recorded electronically,” he said.

As the two top judges were giving their views on the matter, RAPHAEL WONG reports that the very point of handwritten notes caused the Tan Sri Eric Chia criminal breach of trust case to be postponed to today.

Both the prosecution and defence had wanted to get directions from the Federal Court in Putrajaya yesterday over a ruling by a Sessions judge that he was rejecting evidence gathered in Hong Kong because he was not present to record them in his own handwriting, among other reasons.

Chia’s lawyer Datuk Muhammad Shafee Abdullah said a clarification was needed from the highest court, noting that last Wednesday, the Federal Court invoked its inherent power and disallowed the prosecution’s attempt to adduce the money trail evidence from Hong Kong in the Sessions Court.

Last Wednesday, the Federal Court disallowed the prosecution’s attempt to adduce the money trail evidence from Hong Kong as the prosecution could not give valid reasons why the witnesses in Hong Kong could not come to Kuala Lumpur to testify.

Bar Council chairman Yeo Yang Poh said Malanjum’s proposal was a much awaited one.

“This should be done immediately. In fact, it should have been done yesterday,” he said, adding that the court should record notes using audio or visual aids, as they were more efficient and accurate.

“This is an important sector and Malaysia has the adequate technology to support the scheme.''