Lawyer: Up to judge to decide language used in court

A Penang Gerakan leader has come out in defence of Attorney-General Tommy Thomas' preference for the use of English in court when charging former prime minister Najib Razak for four counts of abuse of power and criminal breach of trust involving SRC International funds.

The party's national legal and human rights lawyer Baljit Singh that the judge has the "ultimate discretion" to decide which language is used in his or her court.

"The judge will decide on which language to use based on the interest of justice," Baljit told Malaysiakini.

"When the judge allowed Thomas to use English in court yesterday, there was nothing wrong," said Baljit, who is a practising lawyer based in Penang.

"For those of us who are practising lawyers ... especially in High Court and Appeal Court, the judges allow us to speak in English.

"English and Bahasa Malaysia are considered the language of the court. Let’s not make mountain out of a molehill where this issue is concerned," he stressed.

Baljit urged that such flexibility be provided to lawyers in other cases as for some, it is more convenient to litigate in the English language and "easier to express certain situations” using the technical terms of the subject.

He pointed out that in the court yesterday, all parties, from both sides of the divide, were proficient in the English language.

"They can object unless they cannot understand English but most of them, whether it is the judges, counsels or prosecutors, understand the language. It has never been an issue before.

"When witnesses who are called to the stand request for translation, as they are not proficient in the language, there are court interpreters to do the job," he said.

Yesterday, Thomas had to postpone his press conference at the lobby of the Jalan Duta court and relocate to another location when Najib's supporters heckled him for using the English language when speaking to the media.

Thomas' Malay language proficiency became an issue after he was appointed Attorney-General following Pakatan Harapan's victory at the May 9 polls.

He had then promised to brush up on his command of the national language, arguing that decades as a lawyer specialising in commercial affairs had led him to neglect the use of Bahasa Malaysia.

Meanwhile, law lecturer Shamsher Singh Thind cited Article 152(1) of the Federal Constitution which states: The national language shall be the Malay language and shall be in such script as Parliament may by law provide.

Article 152(4) states: Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, all proceedings in the Federal Court, the Court of Appeal or a High Court shall be in the English language.

He also noted that Section 8 of the National Language Act 1963/1967 states: All proceedings (other than the giving of evidence by a witness) in the Federal Court, Court of Appeal, the High Court or any Subordinate Court shall be in the national language provided that the Court may either of its own motion or on the application of any party to any proceedings and after considering the interests of justice in those proceedings, order that the proceedings shall be partly in the national language and partly in the English language.'

"My point is this: Languages that are allowed to be used in courts in peninsular Malaysia are: Cause papers (pleadings, affidavits, petitions, etc) must be in Malay, with English translations if necessary.

"Oral arguments in court shall be in Malay, except when leave of court is obtained, then (it can be) in English;

"Witness testimony (can be) in any language but if his or her language is not Malay or English, then interpreters shall be called in," he told Malaysiakini.

Shamser said Thomas may request the proceeding be conducted in English.

Most judges also prefer that the proceedings be in English because the majority of judgments are in English, he claimed.

"However, the Attorney-General has to make an application under Section 8 of the National Language Act. Thomas must show how it is in the interest of justice to conduct proceedings in English.

"Najib's lawyer can object, then it is up to the court to decide."

In court yesterday, Najib had claimed trial to one count of abusing his power as a public servant to receive gratification amounting to RM42 million from SRC International.

He also faces three counts of criminal breach of trust over the same matter. Najib has posted bail of RM500,000. He is expected to pay the other half his bail amount next week. -Mkini

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