Courtesy Call And Meeting With The Managing Judge Of The Kuala Lumpur Criminal Courts, Royal Malaysian Police, Attorney General’s Chambers Of Malaysia, Malaysian Anti-Corruption Commission And Malaysian Prison Department

Dear Members of the Kuala Lumpur Bar,

On 30 September 2024, the Kuala Lumpur Bar Committee Criminal Law Practice Committee (“KLBC CLPC”) held a meeting with the Managing Judge of the Kuala Lumpur Criminal Courts, Royal Malaysian Police (“PDRM”), Attorney General’s Chambers of Malaysia (“AGC”), Malaysian Anti-Corruption Commission (“SPRM”) and Malaysian Prison Department (“MPD”). The purpose of the meeting was to discuss matters concerning the administration of criminal justice in the Kuala Lumpur Court.

The KLBC CLPC was represented by the Chairman of the Kuala Lumpur Bar Committee, Alvin Oh Seong Yew, Honourary Secretary, Nimalan Devaraja, KLBC CLPC Chairperson Rajsurian Pillai, Chairperson of Bar Council Legal Aid Centre, Kuala Lumpur, Morhaneraj Rajakumar, Executive Officers, Noratikah Shaharudin and Rosilawati Ibrahim, the Executive Director of the Bar Council Legal Aid Centre, Kuala Lumpur, Sumitra Veeriah and the Asistant Executive Director of the Bar Council Legal Aid Centre, Kuala Lumpur, Jeevanathan Anggapan.

We set out below the matters discussed during the said meeting:

Access to Cause Papers filed in EFS for Appointed Lawyers

As appointed lawyers or lawyers on record currently do not have access to the cause papers, the CLPC has proposed that the current EFS system be updated to allow appointed lawyers access to the cause papers for their cases or, at the very least, access to the charge sheet.

The Court has taken note of the proposal and will have further discussions between the Chief Registrar and the concerned parties.

In the meantime, if members would like to obtain a copy of the charge sheet, they can obtain it at the Bilik Pendakwaan on Level 5, AGC KL.

Payment of fine

The Court has suggested utilising the unused counters on the ground floor for the payment of fines. The payment process is currently conducted in the open Court.

The Court will have further discussions with the relevant departments and authorities.

Lawyers practising without Practising Certificate

We received feedback from the Court that there are instances where practicing lawyers practice without a valid practicing certificate, which results in them being unable to be present in Court for their cases.

We advise members to pay their annual subscriptions on time (before 30 June) to avoid any delays in the issuance of receipts by the Secretariat. Last-minute payments may cause delays in processing due to the high volume.

Cases in 2022

The Court informed that they are currently focusing on cases registered in 2022 and expect to complete all cases by March 2025.

Issues raised by YBGK

1. Tout Issues

   We are aware that the touting activities are actively being undertaken in the Kuala Lumpur Court particularly, at the Traffic Court. This issue has been discussed at the meeting and the Court has urged all parties to work together in efforts to eradicate touting.

   If any of you have direct information pertaining to any touting activity, please provide the information directly to us at noratikah@klbar.org.my. Rest assured, all information provided will be treated with the strictest of confidence. Please take note that the information will be forwarded to the Malaysian Bar’s Committee to Combating Touting for further action.

   We strictly remind/advise any member of the Bar who practises touting and/or engage touts to solicit for briefs to immediately cease such practice. The Kuala Lumpur Bar Committee will not hesitate to take legal action against anyone involved in any activity that lowers the dignity of the legal profession. Members are reminded to maintain the highest standards of integrity at all times.

2. Sufficient time for YBGK lawyers to interview OKT

   There was a suggestion from the Chairperson of LAC KL to allow YBGK lawyers to access the Court lock-up or for the Magistrate to consider allowing a stand-down of the matter before the Court begins to allow the YBGK lawyers to interview the OKTs.

   The Court has responded that they shall implement a system to address this issue and will have a meeting with the Magistrates to discuss it further.

3. Bailable of Offence

   There are inconsistent procedures in the Magistrate Courts. In some cases bail is granted for bailable offenses in the absence of the bailor, while in other cases, bail is not granted for bailable offences if the bailor is not present.

   The Court has clarified that the bailor should be present in court as the Court needs to ascertain the capacity of the bailor and ensure that the bailor is a responsible person before granting bail.

Alvin Oh Seong Yew
Chairman
Kuala Lumpur Bar Committee

Rajsurian Pillai
Chairperson
Criminal Law Practice Committee