PUTRAJAYA: Virtual court and online hearings introduced during the Covid-19 pandemic will remain as part of the judicial system, Chief Justice Tengku Maimun Tuan Mat said while noting that zooming had become an indelible aspect of the system of advocacy.
She said the advent of online hearings was not merely to cope with the pandemic but had become a permanent feature of the justice system.
Therefore, she said questions on whether the Judiciary will be reverting to physical hearings as the norm should not arise. "There is no question of reverting," she said while making it clear that the judiciary had always embarked on technological advancements.
She noted that online or virtual hearings marked the progress in this direction.
Tengku Maimun pointed out that when the pandemic first began in March, 2020, the courts were forced to proceed with online cases on securing the consent of both parties.
This, she said, was because there was no clear permissive legislation stipulating that online hearings or trials are allowed at the behest of the court.
However, she said Parliament has since intervened to expressly allow for online hearings irrespective of consent but subject still to the interests of justice.
"There is no room for dispute as to the propriety of the method, given that this shift is not unique to Malaysia," she said.
Tengku Maimun said judges had adjusted well to remote hearings at least in the context of civil cases, criminal applications and criminal appeals.
She said screen-sharing technology assisted judges in referencing documents while the level and nature of advocacy had improved irrespective of whether counsel before them was a senior or junior.
"We also think that remote hearings have made life easier for lawyers who have been relieved from having to waste time on travel," she said.
She acknowledged, however, that remote hearings were not perfect as there were sometimes issues with sound and internet connection, and such hearings were sometimes not feasible when parties did not have the requisite means or access.
Regardless of the constraints, she said the overall gain and accessibility that remote hearings brought with them far outweighed their downside which could be worked upon.
She thanked the legislature for passing the laws that made it all the more possible to conduct online hearings.
"The judiciary, in turn, remains committed to upholding access to justice and we will continue to decide cases without fear or favour in line with the rule of law and the supremacy of the Federal Constitution," she added.
The country's top judge was speaking at the Opening of the Legal Year 2022, themed Access to justice and the new normal.