Circular No: 130/2022
Date: 13 September 2022
The KLBC CLPC was represented by the Chairman of the Kuala Lumpur Bar Committee Vivekananda Sukumaran, KLBC CLPC Co-Chairpersons Collin Arvind Andrew and Rajsurian Pillai who is also the Co-Chairperson of Bar Council Legal Aid Centre, Kuala Lumpur, Terrence Lee Rohui, Co-Chairperson of Bar Council Legal Aid Centre, Kuala Lumpur and the Executive Director of the Bar Council Legal Aid Centre, Kuala Lumpur, Sumitra Veeriah.
We wish to highlight the matters discussed during the said meeting:
1. Delay In The Production Of Investigation Papers And Accused Persons’ At The Kuala Lumpur Criminal Courts
We understand that members are having issues in handling their cases due to the delay in the production of investigation papers and accused persons at the Kuala Lumpur Criminal Courts.
We would like to request from members who are facing similar problems to provide your feedback so we can highlight the same to the relevant authorities for their onward action.
Kindly let us have your feedback by Friday, 23 September 2022 and the feedback form can be found here.
2. A Copy Of The Charge Sheet(s) For Lawyers
We highlighted at the meeting that members are commonly given a copy of the charge sheet(s) as part of section 51A documents, however this is not the case.
The Kuala Lumpur Prosecution Director has informed us moving forward, members will be given a copy of the charge sheet(s) on the first date of the charge.
If the accused person has appointed more than one lawyer and/or has appointed a new lawyer, only one copy of the charge sheet will be provided, and the new lawyer in charge must obtain a copy of the charge sheet from the discharged lawyer.
3. Allocation Of Time To Interview Accused Persons
For safety reasons, lawyers/dock brief students are not allowed to enter the Court lock up. However, as a stop gap measure, the Managing Judge has suggested the Subordinate Courts to allow 10-15 minutes for lawyers/dock brief students to interview accused persons and see if it is workable.
The Court is of the further view that the police do not need to obtain permission from the DPP for the lawyer to interview the accused person.
4. Delay In Releasing Accused Persons After Bail is Granted
We have received feedback from members that there is an issue with the delay in releasing the accused person after bail is granted.
The Court and PDRM took note of the issue and will check the reason of the delay.
5. Suggestion For Persons Under The Age Of 18 Not To Be Handcuffed At All Times
PDRM took note and will consider this request as stated by law. They informed us that they would only handcuff aggressive or violent children for safety reasons.
6. Insufficient Interpreters
The Court shared that the costs to getting an interpreter is expensive and the Court has spent a large sum for these purposes. Therefore, the court has been instructed to gather all the cases involving similar interpreters and that cases will be heard once a month or twice a month.
However, the Court has no objection to proceed with the case if the lawyer has a qualified interpreter where the interpreter is required to take an oath.
7. To Release The Accused Person Who Have Paid The Fines In The Respective Courts
The CLPC is seeking clarification from the Court to confirm whether the accused persons who have paid the fines will be released from the respective courts.
The court shared that there are issues where the accused has been released after a fine has been paid but the accused still has a pending remand case, but the Court has no issue to releasing the accused person for summons cases.
As you may be aware, there are touting activities at the Kuala Lumpur Criminal Courts. The matter has been discussed at the meeting as well and all stakeholders have agreed to work together in efforts to eradicate touting. Therefore, we call upon members to work together with us so that we can continue our efforts on a larger scale.
If any of you have direct information pertaining to any touting activity, please click here to provide the information. Kindly let us have the details by Friday, 23 September 2022. Please be assured that all information provided will be treated with the strictest of confidence.
Let’s work together to eradicate touting!
Kuala Lumpur Bar Committee
Collin Arvind Andrew
Criminal Law Practice Committee