Expert views: Foong (left) and Kuthubul Zaman.
PETALING JAYA: She was just one more parent in the crowded courtroom that morning – a small, tired-looking woman in a faded scarf, sitting quietly behind the dock as cases were called.
Nothing about her stood out until the judge announced the next hearing date for her son: 18 more months of waiting.
Her 23-year-old son was still untried after four years in remand on a charge of drug trafficking.
She didn’t speak or sob. She only lifted her frail hands to her face and tears fell slowly, carving fresh lines on her face.
The air in the courtroom shifted. It was as if everyone understood that the backlog was not a distant policy dilemma but a quiet, devastating sentence for families like hers.
For lawyer Kitson Foong, who represented the woman’s son, that moment returns to him whenever there is talk of reform.
When the new Chief Justice announced measures to revive circuit sittings and attack the mounting backlog last week, it felt like a lifeline – a small promise that perhaps no other mother will have to sit on that bench counting the months her child loses to delays.
“The backlog is a human tragedy unfolding in slow motion. Judges manage dockets far exceeding the manageable limit, but the true weight of the backlog is felt in the lives of the accused and their families,” Foong said.
He cited another case involving a murder charge. It took over three years just to fix the first trial date. His client’s daughter, a high school student, then wrote a letter to the court asking for an explanation.
“She wrote about her academic performance suffering because she spent every weekend taking multiple buses to the prison, and how she was teased for being the ‘murderer’s daughter’ without a trial date even set,” he said.
“Such systemic delays border on a violation of a person’s constitutional right to a speedy trial.
“The argument wasn’t just about law, it was about the erosion of a family’s life. The judge, a good person clearly battling an impossible docket, looked genuinely pained as she had to balance the case’s complexity with the crushing weight of other pending capital matters.
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“When she granted a date, it was still nearly a year and a half away. My client’s relief was muted, a small candle of hope in a vast, dark prison.”
He said prolonged pre-trial detention constitutes a clear violation of an accused person’s constitutional right as it amounts to “pre-trial punishment” as the accused is presumed innocent until proven guilty.
“The delay for one case ripples out, affecting not just the accused, but also innocent family members forced to endure a prolonged nightmare.
“Isn’t it important to remember that the clock in the courthouse is also the ticking heart of a human life? I’d ask the Judiciary to prioritise the liberty of the accused – only then can justice truly be called swift and sure,” he added.
As for the circuit sittings, Foong said it makes justice feel more accessible, particularly for vulnerable groups.
“The true measure of a vibrant justice system is its accessibility, not its exclusivity. The revival of circuit sittings ensures that geography is no longer a silent partner to injustice,” he added.
Senior lawyer and former Malaysian Bar president Datuk Kuthubul Zaman Bukhari acknowledged that his clients are feeling the repercussions of the backlog of cases.
“I think the best method to reduce backlog is to make mediation mandatory, but it should be by professional mediators and not by deputy registrars or Sessions Court judges as they are not trained.
“It works very well in other jurisdictions and I urge the Chief Justice to look into this. The costs incurred in appointing judicial commissioners and High Court judges can be used to pay the professional mediators,” he added.
