Circular No: 152/2023
Date: 16 October 2023
On 7 September 2023, 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“) and Attorney General’s Chambers of Malaysia (“AGC“). The purpose of the meeting was to discuss matters concerning the conducting of criminal cases in the Kuala Lumpur Courts.
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 Terrence Lee Rohui, the Executive Director of the Bar Council Legal Aid Centre, Kuala Lumpur, Sumitra Veeriah and the Kuala Lumpur Bar Executive Officer and Officer, Noratikah binti Shaharudin and Joanne Savaria.
We wish to highlight the matters discussed during the said meeting:
The Delays In Releasing The OKTs In Magistrate Court
The CLPC raised the issue that there are delays in the release of the OKTs after the bail is settled.
The Court responded that the Magistrate requires time to take the minutes in order to release the OKTs. This could have caused the delay in releasing the OKTs.
However, the Court assured that the bail counter will remain open until the cases are finished, and the public can also conduct bail through e-Jamin.
Written Reply On Representation Letter From The AGC
The CLPC is aware that there are inconsistencies in the manner in which replies are issued by the DPPs to representation letter(s). The CLPC has requested that the replies be standardised to be in writing.
The State Prosecution Director shared that the DPPs will provide the reply in writing if they receive a request through email. The DPPs will also provide a physical letter to the Counsel prior to and/or on the date of the mention of representation. The State Prosecution Director will ensure that advance notice is given where possible in the future.
Touting
The Court found that the touting activities in the Kuala Lumpur Court Complex are still active and that members of the Bar are also involved in the touting business.
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.
Complaint On The Bail Payment Counter
There was a complaint posted on social media about the Bail Counter being closed early on the day before the Raya.
The Court shared that the public was informed of the early closing of the Bail Counter when they attended the Court. However, no formal notice had been issued. The Court informed that notices will be issued in the future.
Furthermore, kindly take note that in processing bail, the Court practice is that the forms will only be issued with the bailor present.
Members who wish to submit their complaints/issues are advised to submit the same through the proper channel to avoid misunderstandings.
Proceedings In Sexual Courts
The State Prosecution Director raised that they have difficulties carrying out examinations of child witnesses via video link.
The Court responded that they are planning to provide a new room with improved equipment to carry out the same.
Proposal For Online Remand Proceedings
There is proposal to conduct online remand proceedings for unwell suspects. We urge members to provide their feedback on whether they prefer to hold hearings or interview witnesses or suspects in the hospital by way of a Zoom video link or physically. The carrying out of the same by video link would be subject to the official request in writing by members and the approval of the Chief Registrar or Chief Judge of Malaya.
Kindly let us have your feedback by Friday, 20 October 2023. The feedback form can be found here.
Kindly note that the results of the feedback will be shared with the Court for their consideration.
Alvin Oh Seong Yew
Chairman
Kuala Lumpur Bar Committee
Rajsurian Pillai
Chairperson
Criminal Law Practice Committee