I was involved in a minor traffic offence about a year ago but was finally cleared by the court last week with full costs awarded. Some people have said I was able to defend myself only because I could afford it. I disagree. I went to court instead of paying the small fine because I was in the right and, as a current affairs commentator, I also wanted to experience what the majority often have to go through.
For practical reasons, most professional drivers would rather surrender their legal rights than go to court because they have to eke out a living and do not have the resources.
The drawn-out proceedings involved the filing of a complaint for alleged misconduct, against the temporary deputy magistrate who presided over my case initially, which might have affected the credibility of the judiciary and the right of a person to seek judicial redress.
The complaint was filed some five months ago and the case is still pending. As a member of the Independent Police Complaints Council, I know that all complaints are handled within six months. There are fewer complaints against judges than against police officers (about 5,000 per year), I believe, mainly because most people don't know how to lodge complaints, or they may feel intimidated by the court system.
My case might be slightly uncommon, but had I not insisted on fighting, justice would not have been done. I was stopped by a traffic policeman for allegedly crossing double white lines near Exchange Square in Central. Even though I knew I was in the right, I accepted the traffic ticket and did not argue with the officer.
I immediately filed a written dispute with the central traffic prosecutions division and, if it had carried out its investigation properly, the case would have been dropped.
But the prosecutions division of the Department of Justice also seemed to have a lapse in professional judgment, thus wasting public time and money. A new magistrate assigned to my case eventually ruled in my favour because the officer had given inconsistent evidence. The case exposed a serious manpower shortage problem in the judiciary, which affects the quality of its operations.