Chief Justice Arifin Zakaria today reminded judges that proper judicial temperament is essential to instil public confidence in the judiciary.

Judges must conduct themselves properly, Justice Arifin said, for whatever happens in court may have a lasting effect on them and there would be difficulty in changing a perception created.

In addressing the Conference of Judges, Justice Arifin said "judicial temperament" encompasses civility, courtesy, dignity, patience, tact, open-mindedness, firmness, understanding, compassion and humility.

It also covers a personality free from arrogance, bias and prejudice.

Judges, Justice Arifin ( left ) added, must continue to display an even-tempered personality.

"It cannot be denied that proper judicial temperament is essential to instil public confidence in the judiciary," he emphasised.

"It is therefore essential for us to conduct overselves with proper decorum, at all times."

'Don't quickly resort to contempt proceedings'

This is the 49th year of the conference, which is held for judges from the High Court, Court of Appeal and Federal Court.

Also present at the conference were Arifin's No 2, Court of Appeal President Justice Md Raus Sharif, and Chief Judge of Malaya Zulkefli Ahmad Makinudin. The Chief Judge of Sabah and Sarawak, Richard Malanjum, was not present.

The top judicial officer in the country also reminded judges not to quickly resort to contempt proceedings, unless it was necessary or circumstances demanded that they do so.

“I, for one, do not think that if any witness is late in court it would call for contempt proceedings to be launched against that witness. Similarly of a case of court observer having dozed of in court. Contempt should be used in the last resort and must be used very sparingly,” he said.

    

Independence of media needed

Justice Arifin also spoke on the need for an independent media.

Saying that the media can be the staunchest protector of the independence of judiciary, he said such notion was pertinent in this time and age.

Quoting former British Chief Justice Lord Harry Woolf, Justice Arifin said the media does not wish to see an executive who is not subject to any control.

“If the government is intent on destroying the independence of the judiciary, the next candidate is likely the media.

“A regime intent on undermining democracy will quickly find, as Hitler and Stalin did, and more recently Mugabe has, that a free and independent judiciary and media are an inconvenience that need to be dealt with,” the CJ said in quoting Woolf.

He said judges should maintain a cordial relation with the press.

As such, he said, the Federal Court has come up with executive summaries of judgments of the judges for use by the media, to ensure they provide accurate information on the decisions made.

Journalists told to leave before speech

Despite acknowledging the importance of the media, journalists who covered today's event were asked to leave as Justice Arifin delivered his speech to the judges.

The chief justice also said the transformation of the judiciary in 2009 had seen a reduction in the backlog of court cases.

In the Court of Appeal, he said, he was happy to see that through the hardword of the judges there and had since retired or moved up to Federal Court, they had managed to reduce the number of pending court cases from 10,895 in 2009 to as low as 3,082.

    

However, Justice Arifin noted, there has been a staggering increase in the number of filings in the Federal Court, and that it has a number of high profile cases in the past two years and that there is also a noticeable increase in the number of cases pending before the apex court.

“The other factor (leading to the increase) is the increase in the disposal in the Court of Appeal. As of today, there are 535 criminal appeals, 204 civil appeals, 564 leave applications and eight other matters pending before the court,” he said.