AS Malaysia undergoes the movement control order (MCO 2.0) and being in a state of Emergency, the nation’s judiciary has announced several measures (which come into effect on Jan 27) to ensure its judicial matters run smoothly during the unprecedented times.
In a circular (KHN 0038) issued yesterday, the Chief Justice of Malaysia Tun Tengku Maimun Tuan Mat called upon judges to prioritise certain types of cases such as:
- Cases which commenced before 2020, especially continuation of trials;
- Cases involving juveniles;
- Those of public interest such as corruption, commercial crimes, environmental issues, habeas corpus applications, domestic violence and those involving breach of Prevention and Control of Infectious Diseases Act 1988; and
- Cases applied to be tried on exceptional circumstances.
However, Tengku Maimun allowed judges to exercise discretion on which cases can be tried in an open court during the MCO 2.0 period.
On that note, the top Malaysian Justice said judges can decide on which cases can be carried out in person or using remote technology.
“And case management should be conducted at least three days in advance before the trial, to prevent any last-minute postponement or delays.
Tengku Maimun also urged judges to:
- Estimate how long the particular proceeding will last;
- Get information on how many witnesses will be presented, and how long each witness will take to give testimonies;
- Get information on what other additional help they need during proceedings before hand such as assistance from translators;
- Obtain COVID-19 test results of those detained in jail to determine their health status before being brought to court;
- For those in the high-risk category for COVID-19, to determine whether the court proceeding should be postponed or otherwise; and
- Ensure all parties adhere to COVID-19 standard operating procedures (SOP) as determined by the Health Ministry, Federal Court Chief Registrar, National Security Council and other relevant agencies.
Once all that have been determined, Tengku Maimun said all proceedings should be conducted according to schedule without delays and postponement.
“And only two of the accused’s family or friend is allowed to be present in the court. The number of witness present is to be determined by the court.
“The same applies for the number of public prosecutors and defence attorney. Judges will have the power to decide on the how many can be present at one time,” she adedd. – Jan 21, 2021.
