A judge, whose failure to deliver written judgments for five years caused two men to languish on the death row, should be publicly named and if possible, removed for judicial misconduct.

The judge's delay in providing his grounds of judgment also reflected the poor quality of judicial responsibility in the country.

And this dismal state of affairs boils down to the chief justice and the prime minister, the two persons directly involved in the appointment of judges, charged veteran lawyer and opposition leader Karpal Singh today.

Karpal said that Chief Justice Ahmad Fairuz Sheikh Abdul Halim (pix) must explain why no action was taken against the said judge and other judges who have similarly delayed in delivering their written judgments.

The DAP chairperson was referring to a media report today which said that a High Court judge in Seremban had sent two men to the gallows after finding them guilty of drug trafficking and murder respectively. The judge had delivered his oral judgment in 2002.

Lawyers for the two men had filed a notice of appeal soon after the convictions but the cases could not be heard at the Court of Appeal without written judgments. The same judge is now a Federal Court judge after having served with the Court of Appeal.

Karpal said that it was also baffling as to how this judge was promoted twice as 'he has been reported not to have written grounds of judgment for at least 30 criminal and civil cases when he was a High Court judge'.

"This judge has certainly brought the entire judiciary into disrepute," added Karpal in a statement. The senior lawyer said that his firm too, has the experience of waiting for long periods for written judgments for four death penalty appeals.

"Written judgments have yet to be delivered by the judges concerned for the periods of five, six and nine years respectively," he revealed.

Remove offending judges

Karpal nevertheless was quick to note that the majority of judges 'dignify the judiciary with responsibility and integrity'.

They should not be tarred with the same brush as the judge mentioned in the news report today, he said.

"This judge concerned has not been identified in the press [...] he should be publicly named."

Karpal (pix) also said that the Judges' Code of Ethics should be invoked for the purpose of setting up a tribunal to remove such lackadaisical judges.

"The delay in handing down rounds of judgment also creates social problems for families who depend on the accused for their livelihood. This apart from the distress and trauma suffered by them."

The delays High Court judges delivering their written judgments also emphasised the necessity to appoint a Chief Justice of Malaya as soon as possible, added Karpal.

The post has been vacant since the retirement of Siti Norma Yaakob in January. The post is presently assumed by Ahmad Fairuz in an acting capacity.

Lawyers and civil societies have been urging Ahmad Fairuz to swiftly name a person to head the High Courts in Peninsular Malaysia so that he would not be burdened with too many tasks, resulting in him being unable to perform exemplarily.

The CJ has said that he would be making the appointment soon.