SBC/CIR/045/2015



22nd June, 2015



The Selangor Bar Committee had a meeting to raise concerns with regards to the Subordinate Courts in the state of Selangor.



The meeting was chaired by YA Datuk Wira Mohtarudin Bin Baki (Managing Judge for Sub-Courts in Selangor) with Datin Siti Mariam Binti Haji Othman in her capacity as the Pengarah for Selangor Subordinate Courts. The meeting recorded a good attendance from the bench comprising of magistratesand judges from almost all sub-courts in Selangor reaching approximately 50.



The Selangor Bar Committee having received complaints from the members raised the following issues :-



Civil :



    
	
  1. The E-filing with regards to extractions on numerous occasions are pending more than a month (Shah Alam and Klang courts).

    2. 
	
  2. Parking bays for lawyers for the past one month have been in chaos as the Shah Alam court security guards served termination notice (Shah Alam Court).

    3. 
	
  3. A session court judge ordered a matter to be struck off without any prior issuance of unless orders.

    4. 
	
  4. The Bank Muamalat kiosk near the canteen at Shah Alam Court has housing without machine. A fully functional bank is needed at Shah Alam Court for public and members of the bar.

    5. 
	
  5. The E-Filing service fee of RM10 per document itself cannot be done simultaneously. Members have to wait in the payment registry for quite a while.

    6. 
	
  6. No proper signage at the Shah Alam Court Complex to show where the courts are placed. For e.g. many are confused as to how to get to Civil Court Sessions 6 in Level 4 in the Annex Building.

    7. 
	
  7. Operations of the lifts in Courts.

    8. 
	
  8. Court staffs are encouraged to wear name tags for identification purposes.

    9. 



Criminal :



    
	
  1. Magistrate refuses to meet lawyers in chambers. Only selected lawyers are allowed to meet the Magistrate. This makes plea bargain difficult.

    2. 
	
  2. Magistrate heard a remand application for a suspect who was previously brought before another Magistrate. There should not have been a "double remand".

    3. 
	
  3. Sessions Court judge makes uncalled for remarks during proceedings.

    4. 
	
  4. A Court decided to proceed with trial despite the absence of counsel who was on Medical leave. It was not a case where the counsel was repeatedly on Medical leave.

    5. 
	
  5. A Court has asked that bailors for accused who are foreigners be civil servants only.

    6. 
	
  6. DPPs are walking in and out of some Magistrates' chambers unaccompanied by lawyers.

    7. 
	
  7. Long stand downs before court resumes.

    8. 
	
  8. A complaint against some Sepang court staff alleged to have been soliciting criminal cases for some lawyers.

    9. 



The Court highlighted the following concerns :



    
	
  1. Lawyers do not inform Court in advance when they have another matter in another Court. The Court is then left waiting.

    2. 
	
  2. Lawyers repeatedly take Medical leave and do not appear despite repeated postponement.

    3. 
	
  3. Touting in PJ courts by lawyers.

    4. 



The Selangor Bar Committee noted the concerns of the Judiciary and gave assurance that the members will be notified accordingly. In view of the same Lawyers are to take note of the concerns of the Judiciary as stated above.



The Chairman of the meeting YA Datuk Wira Mohtarudin Bin Baki also assured the Selangor Bar Committee that he will look into the matters raised and will help into the working relationship between the bar and the bench as he said in his opening statement "no lawyers without court and no court without lawyers".



Thank you.



Secretariat,



Selangor Bar Committee.

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