Multilingual proficiency aids access to justice - Legal practitioners

KUALA LUMPUR - In the courtroom, a single misunderstood word can carry significant consequences, particularly when it concerns an individual's rights and liberty.

For legal practitioners dealing with clients, witnesses and accused persons from diverse backgrounds, the ability to communicate in more than one language is not merely a professional advantage. It can help ensure that individuals fully understand the legal processes they are involved in and are able to communicate their concerns accurately.

In Malaysia's multiracial and multilingual society, such linguistic ability also plays an important role in ensuring equal access to justice and in preventing language barriers from becoming obstacles for anyone seeking legal redress.

Lawyer Jason Wee Chuan Yuan said his proficiency in Malay, English and Mandarin, as well as several Chinese dialects, had greatly assisted him in obtaining information from clients, particularly those more comfortable communicating in languages other than Malay or English.

"When individuals can explain their issues in the language they are most proficient in, the information obtained is more complete and accurate, thereby facilitating the formulation of more effective case strategies," said Wee, who handles a wide range of civil, commercial, criminal and corporate matters.

Wee, affectionately known as "Abe Jay," said that communicating in a language clients could easily understand was crucial to building trust, particularly when they were navigating legal proceedings that could appear complex or intimidating.

"I always ensure that every client is allowed to explain their situation without prejudice. I also use language that is easily understood by them and avoid using overly technical legal jargon without explanation.

"If necessary, I explain matters using simpler examples so that they truly understand their legal position," he said.

He said Malaysia's linguistic and cultural diversity, which forms an integral part of the country's identity, should never become a barrier to accessing justice.

A similar approach is adopted by Deputy Public Prosecutor (DPP) B. Deevagaran Naidu, who is proficient in English, Tamil and Mandarin, as well as several local Malay dialects, when dealing with individuals involved in prosecution proceedings.

Deevagaran said his proficiency in Mandarin, in particular, had proved valuable during case preparation when dealing with Chinese witnesses or victims who were not fluent in Malay.

"I was able to explain the trial process and conduct interviews with them more smoothly in Mandarin. I could also build rapport and trust with witnesses, thereby helping them provide testimony in court with greater confidence, clarity and coherence," he said.

Having served for two years at the Kuantan Magistrate's Court in Pahang, he said he remained committed to carrying out his prosecutorial duties based on the merits of each case and legal principles, regardless of an individual's race, religion or socioeconomic background.

"I also ensure that the treatment provided by the court, police and prison authorities is fair and impartial towards all accused persons," he said, adding that interpreters played a crucial role in ensuring court proceedings are accurately understood by all parties involved.

Meanwhile, lawyer Ahmad Shamil Azad Abdul Hamid said the use of simple language and interpreter services was essential to ensure clients understood court proceedings and could provide accurate instructions to their counsel.

Drawing from his experience as a magistrate at the Sungai Siput Court in Perak, he said using simple and clear language when delivering court rulings was equally important to ensure that accused persons fully understood the decision and sentence imposed.

"Typically, I would use simple Malay when delivering a ruling and engage interpreters, whether for Malay, Tamil or Chinese, to help explain the decision and sentence to the accused or other parties present, ensuring they fully understood the outcome," he said. - BERNAMA