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Thursday September 24, 2009

Criminal lawyers find it hard to cope in Penang

By PRISCILLA DIELENBERG


GEORGE TOWN: Lawyers handling criminal cases in Penang are struggling to cope, with judges being rigid now about not granting postponements and the dwindling number of counsel.

With many veteran lawyers no longer taking on criminal cases on a regular basis, only a handful of the “same faces” are dealing with criminal law.

Senior lawyer Ranjit Singh Dhillon, in giving an example, said he had separate drug trafficking trials going on in three different courts simultaneously from Monday to Wednesday last week, and could not attend two of the cases.

“We try to accommodate the courts’ calendars but just give us some breathing space. Two weeks’ notice before fixing hearing dates is reasonable.

“At least allow us to visit our clients in prison. The prison requires three days’ notice and it is not enough to meet the clients only once,” he said.

Lawyer Jagdeep Singh Deo said that while lawyers agreed that adjournments for frivolous reasons should not be allowed, there should be some flexibility and understanding from the judges.

He added that the number of criminal lawyers in Penang had dwindled over the past five years, and each accused had a constitutional right to choose his counsel.

“No doubt ‘justice delayed is justice denied’, but there is also another saying that ‘justice hurried is justice buried’. So, there must be a reconciliation, a balance,” he added.

Penang Bar Committee’s V. Parthipan, who heads the Criminal Law sub-committee, said that two High Courts hearing criminal cases were added to the existing two in late August.

There were also two Sessions Courts and three magistrate’s courts handling criminal cases here.

“It can be very taxing. The cases start at 9am sharp and many matters have gone on even without the lawyers present. There were instances where the lower courts did not grant postponements even when the lawyer was engaged at the High Court,” Parthipan said.

Bar Council chairman Ragunath Kesavan on Sept 14 acknowledged the leadership of Chief Justice Tun Zaki Azmi had brought a quantum leap in the administration of justice – but added that there was a need for greater flexibility in the granting of postponements.

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