PETALING JAYA: Can any court mete out justice effectively if defendants or witnesses cannot understand questions put to them? This is what the country is facing due to a shortage of court interpreters, especially in Tamil and Chinese languages.
Court interpreters are the unseen heroes who, during court proceedings, translate questions into the witnesses’ languages.
But while figures are unavailable, lawyers confirm that over the years, the number of court interpreters has dwindled due to a lack of career prospects and poor salaries, before the minimum wage of RM1,500 came into force on May 1.
Lawyer Kokila Vaani Vadiveloo said: “There is now an acute shortage of Chinese and Tamil interpreters, which is a serious concern.
“The Chinese language can be Mandarin or any of the Chinese dialects such as Hakka, Cantonese, Hokkien, Teochew or Kheng Chew. Languages of Indian origin can be Tamil, Telugu, Malayalam and Punjabi, which are still spoken by members of those ethnic communities.
“This shortage is caused by interpreters choosing different career paths with better remuneration packages, as their starting salary was a low RM658.72,” she said.
Kokila added that language barriers could interfere with the court’s ability to accurately evaluate the facts based on witness testimonies and fairly administer justice.
“Hence, interpreter services in Malaysia are a must for equal access to justice and should be maintained and continued for as long as our country retains its present cultural and linguistic complexity,” she told theSun.
Kokila said there is much evidence to substantiate that people who have presented themselves before the courts without professional translation services were unable to protect or enforce their legal rights, adding that this led to dire consequences to their lives, liberty, family and property interests.
“In my recent experience, the Shah Alam and Kuala Lumpur courts do not provide Chinese interpreters anymore but civil litigants are given the liberty to bring their Chinese interpreters if required.
“However, the courts are still providing Tamil interpreters, but litigants must write in to the officer in charge at least one week before a trial to engage their services. Providing interpreters is vital to ensuring justice is delivered to all parties,” she said.
Kokila said great care must be taken to ensure that defendants understand the charges they face, their (the charges’) full implications, and how a defence may be raised.
She suggested the government procure and request interpreters from selected companies that offer professional translation services or work directly with freelancers by offering them an attractive remuneration, including internet services, good quality laptops and mobile phones for work purposes.
“It is common nowadays for courts to opt for online hearings due to Covid-19 and litigants’ unstable income. This is one of the most disturbing concerns, apart from working via virtual interpretation platforms,” she said.
For criminal cases, she said there is the Legal Practising Certificate Unit, which is responsible for managing and providing foreign interpreter services throughout Malaysia. This is done via an online app known as e-Jurubahasa.
“It covers criminal cases involving accused persons or witnesses who require translators in foreign languages, sign language, Sabah and Sarawak dialects as well as Orang Asli languages. As such, the same could be adopted for civil cases in the country,” she said.
Former Bar Council president Salim Bashir said the Federal Constitution and Criminal Procedure Code enshrine the rights of individuals involved in court appearances.
“Court interpretation in Malaysia has long been beset by problems caused by the shortage of interpreters. There is so far substantial evidence of dissatisfaction from various quarters, including lawyers on this shortage.
“The government should look into increasing professionalism in the career of interpreters. Adequately trained interpreters who are not left to learn haphazardly on the job will be an incentive to those interested in joining the interpreting service.
“Also, look into increasing remuneration and promotions for interpreters as this will help increase interest in the field,” he said.
Language barriers can interfere with the court’s ability to accurately evaluate the facts based on witness testimonies and fairly administer justice, says Kokila.
