2012 IEEE Symposium on Humanities, Science and Engineering Research

Benefits and Achievements of ICT Adoption by the High Courts of Malaysia

*Zaiton Hamin, **Mohd Bahrin Othman and ***Ani Munirah Mohamad
*Accounting Research Institute HICoE and Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia ** Students Affairs and Alumni Division and Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia *** Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia *zaiton303@salam.uitm.edu.my, **mohdb916@salam.uitm.edu.my, ***animunirah@gmail.com

AbstractThis paper is drawn from an ongoing research which attempts to examine the socio-legal implications of the current adoption of information and communication technologies (ICT) on the delivery of the civil justice system of the High Courts of Malaysia. Among the objectives of this research paper is that it aims to critically examine the benefits and achievements of ICT adoption in the abovementioned courts. This research also aims to propose recommendations for the amendment to the relevant statutes, improvement to the practice directions, and to propose best practices and code of conduct in eliciting improvements to the ICT adoption by the Malaysian courts. The research adopts a qualitative method, comprising of the collection of primary data (which involves field work adopting the case study design at the High Courts of West and East Malaysia) and secondary data (which involves library-based research). The primary data which have been generated is analysed by using the computer aided qualitative data analysis software ATLAS.ti version 6.2 prior to reporting of the same. It is hoped that this research will contribute to the body of knowledge on ICT adoption by the courts of Malaysia. Keywords- information and communication technology; ICT adoption; courtroom technology; e-court; e-justice

II.

RESEARCH QUESTION AND OBJECTIVES

At the basic practical level, this paper attempts to address the research question of: what benefits and achievements have been attained following the ICT adoption in the civil justice system of the High Courts of Malaysia. In this context, there are two objectives to this research; the first is to examine the benefits and achievements of ICT adoption in the civil justice system of the High Courts of Malaysia. Another objective of this research is to propose recommendations for the amendment to relevant laws, improvement to the practice directions, and to propose best practices and code of conduct in implementing ICT in the courts. III. SCOPE OF THE RESEARCH

I.

INTRODUCTION

The information and communication technologies (ICT) have connected people around the world in a way never before envisaged [1] and recently have made its way to the courtrooms. Numerous literatures point out the benefits and potentials of ICT in changing the way people do their works, for instance better access to the courts, better performance and efficiency of the justice system, and better transparency system on part of the courts. Hence, this paper discusses the background of ICT adoption by the High Courts of Malaysia and the benefits and improvements achieved thus far. The first section of the paper discusses the research problem of the study, highlighting the research question, the research objectives and the scope of the research. The second section describes the research methodology that is chosen for this study, which involves both library based research and also fieldwork, followed by the third section which reviews the literatures on the concept and applications of courtroom technology and its benefits and advantages. The preliminary findings of the research are presented in the fourth section. The paper concludes with the significance and the proposed outcome of the study.

Since the thesis of this research is to critically examine the achievements of ICT adoption in the civil justice system of the High Courts of Malaysia, the subject matter of this research is the concept of courtroom technology. Based on the literature survey and the current applications of courtroom technology adopted in Malaysia as discussed in [2], [3], [4] and [5], the discussion on the ICT adoption is in relation of the rules of procedure, namely the Rules of High Court 1980 and the provisions on procedures contained in specific statutes, the rules of evidence, namely the Evidence Act 1950, the rules relating to computer crimes, namely the Computer Crimes Act 1997, the rules of personal data protection, namely the Personal Data Protection Act 2010, practice directions and the process, practices and procedures of courtroom technology itself. In addition, the focus is on the civil justice system of the High Court level of Malaysia. IV. RESEARCH METHODOLOGY

This research adopts a qualitative method, which engages in both primary and secondary data. The collection of primary data involves field work in which the data are generated from a case study that focuses on two units of analysis representing the High Courts, one being the High Court in West Malaysia i.e. High Court in Kuala Lumpur, and another being the High Court in East Malaysia i.e. High Court in Kuching, Sarawak. The units of analysis for the case study and the purposive sampling for the units of analysis are described in Fig. 1 and Fig. 2 respectively. The instrument that is used is face-to-face semi-structured interview. The respondents are individuals involved directly with the application of ICT at each of the courts, being the

This work is financially supported by the Ministry of Science, Technology and Innovation (MOSTI) under the eScienceFund Grant No. 100-RMI/SF 16/6/2 (2/2012).

978-1-4673-1310-0/12/$31.00 2012 IEEE

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judge, the court officer, the information technology officer at the court, the system developer, the legal practitioner, and the client. In total, twelve respondents of primary data are interviewed.

online databases such as Lexis.com, LexisNexis Academic, WestLaw International, Ebscohost, CLJ Legal, Lawnet, Science Direct, Springer Link and ProQuest. V. THE CONCEPT OF ICT IN THE COURTS

The working draft of the Courtroom 21 Court Affiliates Protocols for the Use by Lawyers of Courtroom Technology [6] defines the term courtroom technology as the technology installed or used in a courtroom by or for counsel or pro se parties. Courtroom technology inherently suggests courtrooms and trials [7] while Bailenson, Blaskovic, Beall and Noveck [8] presume that courtroom technology is used primarily by attorneys for presentations to the triers of fact either in preparation for or at trial. The minimum applications for courtroom technology include electronic filing, assistance to persons with disability, foreign language translation, multimedia court records, information and evidence retrieval, access to legal materials, high technology information and evidence display systems, teleconferencing, video conferencing, and the publics access to court information via the worldwide web [9]. In this context, Narkiewicz [10] explains that courtroom technology is primarily a means of putting evidence before everyone in the courtroom, including the judge, the jurors, the opposing lawyers, the courtroom support staff and even onlookers seated in the courtroom. Practically, it is used to draw attention to particular points, to emphasize certain aspects of the evidence and to make visible that which otherwise might only exist as a mental picture formed when words are spoken by an advocate or witness. As for the Malaysian position, there are currently six technology applications which are adopted at the High Courts in Kuala Lumpur and in Kuching Sarawak, namely the e-filing system, case management system, queue management system, court recording and transcription, audio and video conference system and the integrated community and advocates portal. Each of the systems is briefly discussed below. A. E-Filing System The e-filing application allows for electronic submission of court documents for the purpose of filing and registration by the litigants and/or their solicitors using the Internet medium. For this purpose, the users are provided with an online account and security password to be used when dealing with the e-filing process [11]. B. Case Management System (CMS) CMS is a system software that manages all cases managed by the court through computer system. It allows for the computerization of court processes, retrieval of information online, easy monitoring of performance, and generates statistics automatically which in turn causes uniformity in reporting [12]. There are a number of modules under the CMS, being the registration module, the scheduling module, the master listing module and the administration module [2]. C. Queue management system (QMS) QMS is available for case management area and hearings before registrars. Under this system, numerous kiosks were placed within the court complex to facilitate the attendance of

Figure 1. The units of analysis for the case study

Figure 2. The purposive sampling for the units of analysis

The interviews enquired into the perception of the respondents on relevant issues including their involvement in the technology adoption at the courts, the benefits and improvements achieved so far, and what further improvements they expect from the ICT systems. The interviews are then analysed using ATLAS.ti qualitative data analysis software version 6.2 before the research findings are prepared. During this process, the primary data is transcribed and coded into their respective themes, before the codes are sent for output for the analysis purposes. Apart from triangulating the primary data within the units of analysis, the triangulation is also made with the secondary data which is drawn upon both primary and secondary sources. Primary sources include the laws in Malaysia while secondary sources include documents collected from the respondents during the semi-structured interviews, policies of the government, the state and the judiciary, the rulings of the Malaysian Bar Council, the state bars, practice directions and

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the lawyers for the particular cases. Once both sides of the plaintiff and defendant have confirmed their attendance, the system will automatically register the matter in the queue before the judge or the registrar. The lawyers may also opt to subscribe for messaging system by keying in their mobile phone numbers. Once the matter is to be called up, the system will generate a message to the registered mobile phone numbers. D. Court Recording and Transcription (CRT) The CRT consists of video and audio recording both in open court and chambers hearings. As for the case at the High Court in Kuala Lumpur, the recordings will be kept in the courts database and controlled by the interpreter during proceedings. In the event the lawyers wish to have a copy of the recordings for their own record and transcription, the court will provide them with a compact disc containing the recordings [13]. As for the case at the High Courts of Sarawak, a steno machine is placed within the court and operated by trained transcribers. The transcription will be made real time during court proceedings and draft transcripts will be printed for the lawyers to refer to during examination of witnesses. Edited copies of the transcripts are available to all parties at the end of each trial day. E. Audio and Video Conference System The audio conference system is used at both High Courts of Kuala Lumpur and Sarawak for court hearings among judges, lawyers and other persons involved in the session who are at different locations. This means judges and lawyers can save time and moneys travelling to and out of town [14]. At the moment, the video conference system is only used at the High Court of Sarawak. Lawyers at different locations can appear before a judge via video conference session in his hometown. The system also allows users to share documents, picture files, images and the like among those in remote locations, which constitutes a very crucial feature for court hearings [2]. F. Integrated Community and Advocates Portal (CAP) The CAP serves as an information technology channel of communication and operations among the public community, including the clients, the advocates who represent the clients and the judiciary. A key feature of information published in CAP is that it has to be done in real-time, as work process progresses in CMS, rather than by dedicated webmasters, periodically. At the moment, the CAP is only available at the High Courts of Sarawak [2]. VI. ACHIEVEMENTS OF ICT ADOPTION BY THE COURTS

the confidence of the citizens and business in the judicial system [17]. In addition to this, Carnevali (2009) believes that these technologies will contribute towards improving the quality of justice [18]. In this context, Velicogna contends that ICT is used to enhance efficiency, access, timelines, transparency and accountability [16]. Within the Malaysian context, a number of significant changes have taken place at each of the High Courts of Kuala Lumpur and Sarawak since the adoption of the technologies. In general, the efficiency of the judiciary could be seen and disposal of cases has sped up compared to before the adoption of the technologies [19]. In this respect, the former Chief Justice of the Federal Court of Malaysia Tun Zaki Tun Azmi believes that technology plays an important role in reducing the problem of backlog of cases which has been haunting the Malaysian courts over the years [14]. In support of this, Table 1 shows the number of backlog of cases as 422,645 as at 31 December 2008, and after less than two years later, as at 30 September 2010, the number is reduced by 45.6% to 229,941.
TABLE I. Court High Court Sessions Court Magistrates Court Total COMPARISON OF NUMBER OF BACKLOG OF CASES AS AT 31 DECEMBER 2008 AND 30 SEPTEMBER 2010 Cases Civil Criminal Civil Criminal Civil Criminal As at December 2008 93,523 4,544 94,554 8,750 156,053 65,221 422,645 As at September 2010 38,267 3,345 44,921 7,267 93,267 42,874 229,941

Source: Chamber of the Chief Justice of the Federal Court, Putrajaya

Apart from that, each of the ICT applications also contributes to the positive changes in the Malaysian judicial system. The changes will now be dealt with according to the type of the technology applications being adopted. A. E-Filing System Reference [20] outlines the benefits of the e-filing application, including the ability of concurrent access to case documents 24 hours a day and seven days a week, interactive alerts, notifications and e-mails between the court, the solicitors and the litigants, and cost-effective storage of files in digital format. Apart from that, the users could achieve greater automation and end-to-end computerization of court processes, improved efficiency in management and administration of court related matters and the elimination of the incidence of missing files. B. Case management system (CMS) CMS allows the court officers to experience a more efficient work routine with an unprecedented ease in carrying out their daily activities, from pre-registration of cases to scheduling of cases and as well the sharing of information across agencies and also collaboration among the various stakeholders [12]. The rate for disposal of cases has doubled within one month of the adoption of CMS compared to the position prior its adoption. Table 2 shows the number of cases disposed each in May, June and July 2009 as being 242, 347 and 508 which is prior to the implementation of CMS. After the implementation of CMS, the number of cases disposed is

In general, a number of literatures suggest that the technologies will make the courtrooms geographically accessible anywhere and anytime omnipresent and available to all [1] in particular to introduce more efficiency into the judiciary [15], reducing delay, improving the economy, and the more general objective of promoting confidence in the justice system through the use of technologies [16]. On the same notion, researchers advocate that technologies would lead to a more efficient and effective judicial system, improved transparency of the way the judiciary works, increase in the citizens level of access to the judiciary and increase in

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increased to 793, 682 and 637 for each September, October and November 2009. With this high increase of nearly 200% in the rate of disposal of cases, the backlog of cases has been considerably reduced.
TABLE II. COMPARISON OF NUMBER OF CASES DISPOSED AT THE KUALA LUMPUR HIGH COURT (CIVIL) BEFORE AND AFTER CMS Month May 09 June 09 July 09 Total Disposal before CMS 242 347 508 1,097 Month September 09 October 09 November 09 Total Disposal after CMS 793 682 637 2,112

expenses and travelling allowances for the lawyers to appear on their behalf at any outstation court matters. After the system was introduced, it saved the expenses of the public and the litigants, such as hotel accommodation, flight tickets, allowances and other related expenses. Further, it also saves travelling time for the lawyers. For instance, a judge sitting in Kuching can hear matters when the litigants are in Sibu via video conference. After completing the case, both the judge and the lawyer can move on to their own business at their own locations, without the hassle of travelling [2], [23]. F. Integrated Community and Advocates Portal (CAP) Prior to the use of CAP, cause lists were given to the lawyers manually for the coming hearing or mention cases. In addition, the lawyers have to spend more time in the court waiting for their cases to be called, and were unable to get the latest status of their cases progress. After the implementation of CAP, the lawyers are able to view the latest information on the cause lists in the website at anytime as the information provided through the CAP is real-time information. Further, the lawyers may choose to subscribe to short messaging system (SMS) services to be able to get live information via SMS on the status of their cases, in the event their cases need to be scheduled or adjourned. With this system, the lawyers need not wait unnecessarily at the court for their cases to be mentioned, thus saving a substantial amount of their time. From the discussion above, it is evident that courtroom technologies play an important part in improving the delivery of services by the Malaysian courts in terms of performance, efficiency and transparency. VII. PRELIMINARY FINDINGS The research is currently at the data analysis stage, therefore, the complete findings could yet be derived from the primary data. Nevertheless, a number of preliminary findings could already be seen for the purpose of this paper. A. Technology Contributes Greatly to the Better Performance of the Courts A respondent specifically attributed the better performance of the courts to the ICT adoption:Ever since we started using the technology, the performance of the courts had improved. We could now hear more witnesses in less time thus disposing off more cases than before we adopt the technology. [24] B. Simplification of Work Routine The CMS system is believed to have simplified the work routine of the users as opposed to prior the adoption of CMS. In this respect, a respondent explains the use of CMS as follows:As far as our system is concerned, last time the lawyers have to run to the court just to get the cause list of the hearing for next week. Now no more, they can go to the system and look for the information that they want, they can get it there. [25] In support of this, another respondent specifies that the CMS system has indeed simplifies his work:-

Source: High Court of Kuala Lumpur, Kuala Lumpur Courts Complex, Jalan Duta

Apart from that, each of the modules under the CMS system also changes how the courts staffs attend to their work. For instance, the return of newly registered case or documents to the legal firm from the court registry would take approximately seven days from the date of the registration. The registration module under the CMS allows the case or document to be returned to the legal firm only between one to three days. Meanwhile, scheduling or progress of each case used to be done manually and not necessarily accurate or up-todate. The scheduling module of CMS allows the scheduling of cases and progress during the cases to be done electronically and up-to-date, given that the updating process is done live during the session of the proceedings [2]. C. Queue management system (QMS) Prior to the adoption of QMS, the lawyers had to conduct manual searcher for their cases in the cause list, and the court staffs would need to call the cases manually. After the implementation of the QMS, the lawyers would register their attendance at the kiosks anywhere within the complex. The calling of cases would be done by the registrar according to the queues automatically arranged by the system [21]. This in turn has reduced the waiting time for the lawyers, and allows for transparency in the calling of the lawyers according to the firstcome-first-served confirmation of attendance of the lawyers in the system. D. Court Recording and Transcription (CRT) With the adoption of the CRT, a proper, systematic and real-time recording of the proceedings can be done. The judges will be able to concentrate on the flow of proceedings as they no longer need to take down notes of proceedings [13], and the judges would be able to control the whole recording prior, during and after the trial by the click of a button. The CRT allows for transcription to be done anytime, anywhere and according to the direction of the trial judge, and it is connected live to the Palace of Justice, Putrajaya for monitoring purposes [22]. Apart from that, for the case the the High Court of Sarawak, the real time transcription by the transcriber while the trial is ongoing supported by audio and video recording allows lawyers access to instant notes of proceedings [22]. E. Audio and Video Conference System Prior to the implementation of the audio and video conference system, the public to a suit would need to bear the high expenses and travelling allowances for the judges and courts staffs. Similarly, the litigants would need to bear the

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Yes, CMS simplifies our work. If we want to find a specific court document, we only need to key in the system, and its there already. [26] In addition, another respondent agrees that the CMS system promotes the efficiency of the court system:ICT makes it easy for the users, we can work on the spot. If the judges want to confirm or check on any court document, we need just to enter into the system. The work becomes more efficient. [27] C. CMS as a Management Tool Second, the CMS system can be used as a management tool by the court administrators, specifically to verify information in the system and to keep updated with the progress of the cases tried by the courts within the specified jurisdiction. In this regard, a respondent described the use of CMS in Yang Amat Arifs capacity as the Chief Judge of the Sabah and Sarawak as follows:I have made use of ICT as a management tool because without it previously, everything had to be done manually, more or less a random check. With ICT applications now, the system helps me to do the monitoring of all the various aspect of the court's functions, so much so that nothing is being overlooked. I can get immediate report just at the click of a button. [25] In support of this, another respondent confirms the usage of the CMS system as a management tool:Well, as humans, we dont really like to be monitored 24 hours a day. But I think its a good thing that the Chief Judge can access into the system and extract any specific information that Yang Amat Arif requires. In addition, our works will be more transparent. [27] D. Time Efficiency of the QMS system Third, the QMS is claimed to be beneficial to the lawyers especially the queuing order and the time-efficient factors. Within this context, one respondent describes the benefits of the QMS system as follows:We think it has two advantages, first of course on the queuing system, we can confirm the attendance (of the lawyers) and verify our case. Second, we can check if our case is listed in the cause list or not. Unlike the old system, we have to really check the cause list at the notice board, and if our case is not listed we have to check with counter, it will take more time. But now we can just fill in the case number (in the system) and we can find it there. We can know immediately if our case is listed for the day. [28] E. Time and Cost Efficiency of the AVC System Fourth and final, the AVC proves to save time and cost for the judges and lawyers given the ability of AVC to hold proceedings at difference locations. In this respect, a respondent explains the time and cost savvy features of the AVC system:Yes, this (the AVC system) is very convenient to all the parties. This is because of the long distance in Sarawak, especially by road travel. And then by flight, it wastes a lot

of time to the parties. So this video conference actually helps a lot for all the parties. It saves cost and time. [29] In support of this view, another respondent claims that the AVC could actually save the lawyers time and the clients expenses as follows:Like the AVC, last time the lawyers used to travel, fly everywhere. Now no more, so if the lawyer is having a case in Miri, he doesn't have to fly to Miri. He can come here (Kuching High Court), calls in the judge in Miri and waits. So he can save time and hundreds of Ringgits (of clients expenses). [25] VIII. CONCLUSION In conclusion, the adoption of ICT at the High Courts of Malaysia is shown to have brought advantages and achievements to the users, especially the judges, the court administrative officers, the solicitors and the litigants. It is hoped that this research contributes to the body of knowledge on ICT adoption in the courts of Malaysia, and serves as a catalyst for future research in this area. In line with the benefits and achievements outlined in this paper, this proposes to examine the relevant laws to govern the use of the technologies, practice directions to be improved, and best practices and code of conduct to be proposed in light of the implementation of ICT in the High Courts of Malaysia. REFERENCES
[1] J. K. Bhatt, Role of Information Technology in the Malaysian Judicial System: Issues and Current Trends, International Review Of Law Computers & Technology, 2005, vol 19, No. 2, pages 199-208. Kuching High Court Document. Brief Introduction On the Integrated Court System (ICS) in the Courts of Sabah and Sarawak. Kuching High Court. Accessed in February 2010. N. Nais, Impressed, Nazri wants all courts to go electronic. The Star, 17 August 2009. S. Veera, New Courts, New System to Speed Up Cases. New Straits Times, 2 September 2009. S. Koshy, Zaki launches E-Court System. The Star, 2 September 2009. Working draft of the Courtroom 21 Court Affiliates Protocols for the Use By Lawyers of Courtroom Technology. (14 March 2004). Online, available at www.legaltechcenter.net/media, accessed on 1 September 2009. F. I. Lederer, Courtroom Technology: The Courtroom 21 Project: Creating The Courtroom Of The Twenty-First Century [2004] 43 Judges' Journal 39, Winter. J. N. Bailenson, J. Blaskovic, A. C. Beall and B. Noveck, Courtroom Applications of Virtual Environments, Immersive Virtual Environments, and Collaborative Virtual Environments, (2006) Law & Policy, vol. 28, No. 2. F. I. Lederer and S. H. Solomon, Courtroom Technology Fifth National Court Technology Conference, Michigan, September, 1997. D. Narkiewicz, Departments: Legal Tech: Effective Use Of Courtroom Technology March/April, 2004, 26 Pennsylvania Lawyer 57. Hamidah Md Deril, Contributions and Roles of the Court in the Development of E-Court Round Table Conference on Transformation of Dispute Resolution Mechanism: Roles of the E-Court, Bangi, Selangor, 14 July 2011. Kuala Lumpur High Court, CMS Briefing, Kuala Lumpur Courts Complex, 2010. Nik Imran Abdullah, New System to Speed Up Trials Four Times Faster, The New Straits Times, 17 February 2011.

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[14] Zaki Tun Azmi (His Right Honourable Tun Dato Seri), Using Technology to Improve Court Performance: Malaysias Experience Asia Pacific Judicial Reform Forum 2010, Beijing, 25-28 October 2010. [15] M. Kiskis and R. Petrauskas (2004). ICT Adoption in the Judiciary: Classifying of Judicial information, International Review of Law, Computers & Technology, Volume 18, No. 1, Pages 37-45. [16] M. Velicogna. Justice Systems and ICT: What Can Be Learned From Europe? Utretch Law Review, Volume 3, Issue 1 (June) 2007, online, available at http://www.utrechtlawreview.org/publish/articles/000041/article.pdf Accessed on September 1, 2009. [17] A. Cerrillo and P. Fabra (eds.) E-Justice: Information and Communication Technologies in the Court System. United States of America: Information Science Reference, 2009. [18] D. Carnevali, E-Justice and Policies For Risk Management in Cerrillo, A and Fabra, P (eds.), E-Justice: Information and Communication Technologies in the Court System. United States of America: Information Science Reference, 2009. [19] G. Gnanalingam. Why Zaki Should be Man of the Year. The New Straits Times, 7 November 2010. [20] Website of the e-Filing System of the Malaysian Courts, online, available at http://e-filing.kehakiman.gov.my accessed on 7 January 2010.

[21] Kuala Lumpur High Court, QMS Briefing, Kuala Lumpur Courts Complex, 2010. [22] Kuala Lumpur High Court, CRT Briefing, Kuala Lumpur Courts Complex, 2010. [23] Kuala Lumpur High Court, VCS Briefing, Kuala Lumpur Courts Complex, 2010. [24] Semi-structured interview with the a judge, case study at the High Court of Kuala Lumpur. [25] Semi-structured interview with the Chief Judge of the High Courts of Sabah and Sarawak, case study at the High Court of Kuching. [26] Semi-structured interview with the court administrative officer, case study at the High Court of Kuala Lumpur. [27] Semi-structured interview with the Deputy Registrar, case study at the High Court of Kuala Lumpur. [28] Semi-structured interview with the solicitor, case study at the High Court of Kuala Lumpur. [29] Semi-structured interview with the court administrative officer, case study at the High Court of Kuching.

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