I would like to refer to the report Courts want more prosecuting officers .
The chief justice is lamenting on the lack of prosecuting officers at the Sessions Court. This problem is not something new. It has been around since the time I started chambering back in 1996. Sometimes the poor prosecuting officers are saddled with hundreds of files each per day, albeit mostly for mention.
At times, he or she may have to conduct a few hearings a day. Not only are the prosecuting officers overworked, they are also ill-equipped. With so many files to handle, they hardly have time to do research, prepare submissions, conduct hearings etc. As opposed to an accused's lawyer who has ample time and resources at his disposal.
It is not surprising that many cases are discharged due to technicalities. Criminal cases are given priority over civil matters. Hence the question of delay affects the civil cases more, as a number of the civil matters involve debt recovery.
The machinery for the administration of justice also includes the respective court's registry. For example, my firm spends an average of RM1,000 per week for the filing of court documents at the Sessions' Court.
It is frustrating to note that summonses can only be extracted in one to two months time. The return date or the first mention date is about a month or so from the date of extraction. After obtaining default judgment (provided the defendant is unrepresented), the court takes another month or so to approve the draft judgment and another month or so for the fair judgment to be extracted.
To execute a judgment against the defendant, another six months or so is needed to extract a bankruptcy petition. All in all, a plaintiff may have to wait at least 10 months before he can serve a bankruptcy petition against the defendant.
By that time, the defendant might have absconded or disposed of his properties. It is sincerely hoped that the relevant authorities would look into this problem in order to clear the backlog and ensure a better administration of justice.
