09/12/2025

TUESDAY | DEC 9, 2025

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‘Delays in courts eroding public trust, human rights’

Damages for kidnapped pastor held in trust KUALA LUMPUR: The High Court yesterday ordered that over RM31 million in damages awarded to pastor Raymond Koh be placed in a trust with Amanah Raya Berhad. Lawyer Datuk Jerald Gomez, representing Koh’s wife Susanna Liew Sow Yoke, said judge Su Tiang Joo issued the order following an agreement with senior federal counsel Nurul Farhana Khalid, representing the government and police. “Amanah Raya Berhad is appointed to hold the money and any interest as trustee for the first plaintiff (Koh) until his whereabouts can be identified or revealed.” He added that the choice of trustee was based on its low management fees and a guarantee to return the money if the ruling is appealed. The move complies with Su’s Nov 5 order to deposit the funds into a trustee account until Koh’s whereabouts are confirmed or disclosed. The sum comprises general damages of RM10,000 per day from Feb 13, 2017 until Koh’s whereabouts are disclosed, RM1 million in damages and RM1 million in exemplary damages. In an application on Nov 28, Liew requested that her law firm Messrs Jerald Gomez and Associates be appointed as the trustee. She also proposed PB Trustee Services Berhad and Amanah Raya Berhad as alternative options should the court not appoint the law firm. Liew had filed the suit against police and the government concerning her husband’s disappearance and authorities’ handling of the investigation. Koh was reported to have been abducted by a group of masked men while driving in Kelana Jaya near here on Feb 13, 2017. – Bernama

PETALING JAYA: Persistent delays in Malaysia’s courts continue to erode public trust and undermine fundamental human rights, warned Global Human Rights Federation (GHRF) president S. Shashi Kumar, describing prolonged justice as one of the nation’s most damaging systemic failures. In the run-up to Human Rights Day on Dec 10, Shashi said delays do more than just postpone justice, as they also inflict ongoing harm on victims, leaving them in prolonged states of fear, vulnerability and emotional distress. “When justice is postponed, victims are left unprotected while perpetrators continue their actions without meaningful consequence. The delay itself becomes a form of harm,” he said. He cited the decades-long legal battle of Indira Gandhi, who remained separated from her abducted daughter for more than a decade despite multiple court rulings in her favour, as a stark example of systemic failure. He also highlighted stalled investigations involving controversial Islamic preachers, which left victims and whistleblowers feeling exposed and reinforced a “culture of fear, silence and impunity”. “These recurring delays erode trust in police, the judiciary and the government.” According to him, the delays often follow predictable patterns, particularly in cases involving race, religion or influential individuals. “This fuels the belief that o Postponed justice leaves victims in prolonged states of fear, vulnerability, emotional distress, says NGO Ű BY KIRTINEE RAMESH newsdesk@thesundaily.com

Shashi called on civil society and ordinary Malaysians to help improve accountability. – ADIB RAWI YAHYA/THESUN

certain groups receive preferential treatment while others wait indefinitely for justice,” he said, noting that such practices violate Article 8 of the Federal Constitution, which guarantees equality before the law. Malaysia has seen multiple high-profile cases in which prolonged justice caused severe consequences. Shashi referred to disputes over unilateral conversion, which have torn families apart, and extended investigations involving controversial preachers that traumatised victims further as well as heightened community tensions. He also cited the cyberbullying case of teenager A. Rajeswary, better known as “Esha”, in which repeated reports went unheeded. Esha ultimately died by suicide, most likely feeling she had no protection or recourse. “In all these cases, the pattern is clear. Delayed justice is not merely administrative inefficiency, it is also a direct violation of human rights,” said Shashi. His concerns echo the pledge made by newly appointed Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh, who in his oath-of-office

being slowed down by the need to type or write notes. “Judges should not be bogged down by note-taking. It slows witness testimony and contributes to trial delays.” He acknowledged that the chief justice has introduced decisive measures and structural reforms aimed at modernising the system. He expressed hope that these reforms, combined with long-term systematic overhaul, would enable Malaysia’s judiciary to strike a healthy balance between speed and fairness. “Our justice system has long been stretched by overloading. It is crucial that reforms help restore efficiency without compromising justice.” – BY KIRTINEE RAMESH improve accountability. NGOs and community groups should document cases, monitor high-profile cases and assist with police reports to expose delays or selective enforcement, he said. “We must promote a culture of zero tolerance for impunity. Society must reject narratives that excuse perpetrators because of influence, status, race or religion.” In his Human Rights Day message, he emphasised to Malaysians that the nation’s strength lies in its diversity and commitment to fairness. “Our Constitution binds everyone. Every citizen, regardless of race or religion, must be protected equally under the law.” He warned that persistent double standards threaten social harmony, economic stability and Malaysia’s international reputation. “No country that violates fundamental human rights based on race or religion has ever achieved true prosperity. “Equality, non-discrimination and justice are not only moral imperatives, but are also essential for social stability and sustainable development.”

judgements faster without having to devote substantial time learning unfamiliar areas of law.” He also recommended early judicial involvement in civil suits, allowing judges to understand contentious issues from the outset and encourage settlement through court-assisted mediation. “Judges must be trained with mediation skills to listen, mediate and resolve disputes without being adversarial,” he said. He added that lawyers often welcome interactive, non-coercive environments that help parties reach amicable settlements without compromising client interests. Salim further recommended that courts employ trained transcribers during trials to prevent judges from address vowed to address the country’s mounting case backlog. “Justice delayed is justice denied. I know many litigants are frustrated that their cases take years to resolve,” he said, adding that the judiciary is working with the government to increase courtrooms, appoint more judicial commissioners and deploy circuit judges to clear ageing cases within set timelines. GHRF also proposed several reforms to ensure timely justice: 0 Strengthen enforcement of court orders with mandatory timelines, improved inter-agency coordination and penalties for non-compliance. 0 Set statutory deadlines for investigations and prosecutions, ensuring high-profile and sensitive cases, especially those involving vulnerable victims, do not stall. 0 Reform laws on unilateral conversions and custody disputes to close loopholes, preventing prolonged and emotionally damaging battles. 0 Eliminate political and religious interference in legal processes, reinforcing judicial independence and impartiality. Shashi also called on civil society and ordinary Malaysians to help

Call for reforms to ensure swift, fair proceedings PETALING JAYA: Malaysia’s justice system is faltering under persistent court delays, with public confidence at risk, warned former Malaysian Bar president Salim Bashir, who called for urgent reforms to ensure swift and fair proceedings. “The courts need mechanisms that allow for efficient disposal of cases without compromising fairness for all parties.” He emphasised that justice must not be perceived as inaccessible or intimidating. civil and criminal cases, chamber work and open-court trials. Transfers further complicate the process, with some judges forced to manage part-heard cases in their new postings while concluding old

matters in their previous stations. “This inevitably leads to delays.” Salim urged the judiciary to appoint more judges with specialised expertise, arguing that subject-matter specialists could adjudicate more efficiently and deliver stronger, faster decisions. “Arbiters who have earned reputations in certain areas of law could demonstrate refined legal acumen and jurisprudence. “A trained and expert adjudicator is able to fast-track trials, regulate proceedings fairly and write sound

He said the justice system has long struggled to cope with growing case backlogs, a problem that has worsened in recent years despite ongoing efforts to accelerate proceedings. He warned that without urgent reforms, civil and criminal cases risk being delayed or mishandled, further undermining public trust in the courts. “It is undeniable that both delayed and rushed hearings defeat justice.

“We do not want the public to walk away with the false notion that the litigation process, whether civil or criminal, is ‘out of reach’. “Access to justice must be seen as a right, not a hurdle.” Backlogs remain a major challenge, echoing global trends. Salim added that despite ongoing efforts to accelerate case disposal, bottlenecks continue to “choke the passageways”. He explained that the causes are multifaceted as judges often juggle