JUSTICE DELAYED IS NO MORE JUSTICE

BY: MUHAMMAD AMIR AKMAL BIN AHMAD SHUKRI

It always has been said that "Justice delayed is justice denied.” This phrase implies
that if justice is not conducted right away timely, then even if it is conducted later, it is not
really justice because there was a period when there was a lack of justice.

From my observation during my internship period at Puvarasan & Associates, the

first task that I have gotten is to read the case files, especially the criminal cases. Along with
the reading, I have noticed that there are some clients that had been arrested behind the
metal bars for an exceedingly long time. Plus, with the pandemic Covid-19 phase, their
waiting for the trial had been extended to a new date which implied the uncertainty of the
ending. How come?

As an example, there is a client who had been charged under section 302 of the
Penal Code with the offence of murder. For this case, he had been arrested in 2008, and
still, he was behind the metal bars, waiting for his trial date. Until today, his case is still
ongoing the trial. It has been almost 4 years until today even though he does not convicted
by any charges yet. As had been known, I believe that every legal-based background soul
will understand the importance to uphold the presumption of innocence principle. This is
to avoid any unfair treatment or negative perception being given to the defendant before
the trial has ended and a final decision has been given.

Some of the accused had to be kept behind the metal bars for a lengthy period while
waiting for their trial date. Some of the accused had separated away from their beloved
wife and children because they had been accused of an offence that still failed to be proved
if he is the real culprit or not. Where is the justice for them?

Charles Hector of Malaysians Against Death Penalty and Torture called on the
government to pay the compensation to the detainees who were left in prisons for years
while waiting for their trials to end but were later found not guilty. “ Great injustice
happens when these detainees are later found not guilty, and Malaysia at present still does
not compensate the innocent for their years of lost liberties and freedoms ,” he said.

The question that must be brought before the authority is, “If the principle of
presumption of innocence was upheld in Malaysia, why does the accused have to suffer
behind the metal bars even though there is not any assurance that they are the real culprits
for any criminal cases occurred? Every human has the right to live like a normal being like
any other person whether he is a good or a bad person.

In conclusion, justice must be reserved in an orderly manner to make this world to

be a better place to live in.

Reference:
1. Jerald Gomez. 2004. ”Rights Of Accused Persons -- Are Safeguards Being Reduced?”. Malayan Law
Journal Articles. pp. 3-4.
2. Dr. Swati Jindal Garg. 6 January 2022. “Justice Delayed Is Justice Denied!”. Rising Kashmir.
https://www.risingkashmir.com/-JUSTICE-DELAYED-IS-JUSTICE-DENIED--98384.
3. Dr. Muzaffar Syah Mallow. 2021. “Respect Innocent Until Proven Guilty Principle”. The Star. 22 July.