Malaysia

Covid-19 SOP enforcement lacking in courts: senior lawyer

S. Raveentharan says chief judge of Malaya’s hospitalisation due to suspected coronavirus raises the alarm

Updated 5 years ago · Published on 30 Apr 2021 7:00AM

Covid-19 SOP enforcement lacking in courts: senior lawyer
Given that prisons have already been hit by Covid-19, the courts cannot afford to become the virus’ next incubation area, says the Lawyers for Justice movement coordinator. – The Vibes file pic, April 30, 2021

by Ian McIntyre

GEORGE TOWN – More surveillance and stricter enforcement of standard operating procedures are needed in courthouses if health authorities want to prevent Covid-19 from attacking the judiciary, said a senior lawyer here.

This follows a disturbing report that Chief Judge of Malaya Tan Sri Azahar Mohamed has taken ill, suspected due to the coronavirus, and has since been admitted to intensive care for observation.

S. Raveentharan, the movement coordinator for Lawyers for Justice, told The Vibes that the SOPs are inconsistently enforced.

“We just hope that his lordship justice did not take ill in the courts. It is unfortunate because during this emergency rule, we need our veteran justices to impart their wisdom to us.”

Examples of lacking SOPs include remand detainees being kept close to one another as they share handcuffs, relatives being allowed near them in the courts, and the ventilation system not being sanitised. 

Chief Judge of Malaya Tan Sri Azahar Mohamed is ill with suspected Covid-19, and has been admitted to intensive care for observation. – International Malaysia Law Conference Facebook pic, April 30, 2021
Chief Judge of Malaya Tan Sri Azahar Mohamed is ill with suspected Covid-19, and has been admitted to intensive care for observation. – International Malaysia Law Conference Facebook pic, April 30, 2021

It is also unclear if court buildings and furnishings are sanitised daily.

There is a new normal out there, and the sooner we accept it, the better it is for us as lawyers,” said Raveentharan.

Given that the prison system has already been hit by the virus, he said, the courts cannot afford to become the next incubation area.

He said SOPs must be strictly enforced among prisoners, police, wardens, court officials, lawyers and clients to ensure that the court system is not compromised by the pandemic.

Raveentharan also urged that all matters related to civil cases be migrated online, leaving only criminal cases to be handled in open court as due process requires the defendants to be physically present.

“It is imperative that the courts set a fine example for others to follow, particularly the private sector. We should aim for zero infections in our system if we adhere to the SOPs.”

Prisoners need to be physically distanced at all times, he added.

Senior Federal Court judge Datuk Seri Mohd Zawawi Mohd Salleh is temporarily assuming Azahar’s duties during the latter’s hospitalisation. – The Vibes, April 30, 2021

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