"Over the past decade, the Malaysian Bar has often reiterated that an excellent justice system requires a combination of a fair conduct of cases, their efficient disposal, and well-reasoned and well-written decisions, so as to ensure that justice is done – and is seen to be done – in all cases.
He said this led to what was perceived as an overemphasis on the speed with which cases were disposed – which in turn resulted in instances of injustice, particularly in the lower criminal courts. Describing such situations as"objectionable," Fareed said the criminal justice system requires a detailed and tempered approach, as the problems faced are different from those of the civil courts.
"Any ruling that removes this crucial element of discretion would significantly restrict the effectiveness and value of the judicial process.
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