AI Must Remain As An Assistive Tool, Not Decision Maker - Former Judge

KUALA LUMPUR, Aug 20 (Bernama) -- Any use of artificial intelligence (AI) that impacts individuals’ rights must only be deployed after rigorous testing and with clear oversight, says former Federal Court judge Tan Sri Harmindar Singh Dhaliwal.

He said while AI had the potential to transform human endeavour, it must remain an assistive tool and not a decision-maker, particularly in the criminal justice system.

"AI should be an assistant, not a decision maker. In Sabah, where AI sentencing tools were piloted, the model once recommended a 10-month imprisonment with a probability of 54 per cent for an offence under the Dangerous Drugs Act 1952, but the magistrate imposed 12 months instead.

"The message is clear, AI can assist, but human judgment must prevail,” he said during a plenary session titled ‘Criminal Justice Reforms: Ensuring Ethical AI in Criminal Justice Proceedings' held in conjunction with the ASEAN Law Forum 2025 at the Kuala Lumpur Convention Centre today.

Harmindar, who is also chairman of the Criminal Law Review Committee, emphasised the need for proper rules, safeguards and a clear risk-based approach before adopting AI in judicial processes. 

"Singapore has already issued guidelines for AI use in courts, and the Philippines is drafting an AI governance framework for its judiciary. Malaysia and other ASEAN member countries must follow suit. 

"We need a framework for ensuring responsible use of AI. This includes an assessment of risks, mitigation measures, and ensuring AI use cases are tested for bias, reliability and transparency before adoption,” he said while cautioning that while AI was a powerful technology, its application in criminal justice should be approached with vigilance.

“We must always remain accountable. If AI is to be used in the justice system, we must approach it with our eyes wide open, ready to address the risks in order to reap the benefits,” he added.

Speaking from Singapore’s perspective, counsel Colin Seow of Colin Seow Chambers said the Singapore Police Force had incorporated AI into digital forensics, enabling investigators to automatically sift through seized devices for child sexual abuse material and significantly improve the speed and accuracy of investigations.

He added that AI was also being deployed in the financial sector, where the Monetary Authority of Singapore (MAS) last year launched the Collaborative Sharing of Money Laundering and Terrorism Financing Information and Cases (COSMIC) platform, a public-private data-sharing initiative with major banks and financial institutions.

"In COSMIC, AI is used to analyse transaction patterns, enabling banks to proactively detect and flag suspicious activities across institutions while safeguarding customer confidentiality.

“The initiative was supported by legislative changes, which allow participating banks and financial institutions to share customer information with one another, strictly for detecting or preventing financial crimes,” he explained.

The three-day forum brought together 58 speakers and moderators in 15 expert-led sessions, attended by over 300 participants from ASEAN and beyond, covering discussions over alternative dispute resolution, commercial law reforms, as well as business and human rights.

-- BERNAMA