09th December, 2019

SBC Meeting with Pengarah Pendakwaan Negeri Selangor

DPPs Present: Dato’ Salim, Mawani, Lokman, Asraf, KA, Siti, Remy, Alison, Kahairiunissa, Zatil, Amir, Syahidah, Tan, Davinderjit, Nadia, Syafirah & 2 Others

SBC: Bernard Scott, M K Thas, A.G. Kalidas, Murali Velautham,  Dato’ Suraj Singh & Gabriel Gobeekrishnan.

Issues raised by SBC:

1.    SBC - Requested correspondences via email on all responses to representations.

DPP’s Office (DO) - requires members to forward representations via hard copies over and above emailing. They prefer hard copies.

DO - will look into communicating the outcome of representations by email from the Pengarah Pendakwaan. However, for replies from Putrajaya, the AGC will reply by post.

2.    SBC - Witnesses for the Prosecution to be present for matters fixed for trial, especially formal witnesses, as sometimes there are no witnesses for the Prosecution available.

DO - We will take action if especially when police is refusing to attend.

DO - Witnesses are present for trials, especially for an important witness to be called for the day but lawyers don’t want to proceed.

SBC - Members are advised to give cooperation to the prosecution unless legitimate reasons in not proceeding with the matter.

3.    SBC - Requested to not prolong cases where witnesses/complainant cannot be traced.

DO - Discretion to grant DNAA available. If we cannot procure the witness, we will refer to HQ for directions. If witness is not there, then we will use the statement of the said witness and proceed with the matter.

DO - Prosecution witnesses cannot be found during Prosecution case but the same witness found adducing Statutory Declaration for the Defence later.

SBC - Members are advised from interfering with the prosecution witnesses (if any).

4.    SBC - Sought time frame on reverting with replies to representations.

DO – All representations to the DO, will be referred to HQ and it will take time due to volume of representations, if the said representation is accepted at the state level. On rejection of the representation we have the power at state level itself.

SBC - The issue of delay of replies to representations from HQ, the SBC will take the issue to BC to address at national level.

5.    SBC - Raised the issue of Prosecution continuing with the case despite the complainant withdrawing the FIR made.

DO - DO will consider on withdrawal of such matters in scenarios where the FIR involves spouses or trivial offences only. Any other than those instances we will refer to HQ for directions.

6.    SBC - Request on all relevant reports to be provided before trial starts.

DO - Will comply.

7.  SBC - Documents to be given pursuant to Section 51A CPC way before trial.

DO - Agreed to provide the documents once they have it.

8.    SBC - Delay in Chemist report.

DO - For section 39B offences, there is a 3 months period for the chemist to revert. Any time more than 3-6 months, the Investigating Officer will need to get written confirmation from Chemist on the delay.

DO - For section 302 Penal Code offences, obtaining sanction may take up to 8 months.

9.    SBC - Suggested that when the DPP in charge of a court is on leave, for the Prosecuting Officer (PO) to be made  available to relief the DPP, PO to handle cases for the day instead of waiting for a relief DPP which will take time of almost up to 11am on that particular day.

DO - Will have them there if they are available.

10.      SBC- DPP’s visiting Magistrates/Judges Chambers without defence counsels

DO - Will inform the DPP’s.

Issues raised by PPN’s Office.

1.       DO - Lawyers to refrain from posting accusations against DPPs which are untrue or unproven on Facebook and other social media.

SBC - We advise members to refrain.

2.       DO - Police report by complainant in withdrawing their report – DPP’s are not obliged to provide the same to Defence.

SBC - Members will be advised to take note.

3.       DO - Press reports by lawyers - Lawyers are urged to provide accurate information.

SBC- Members to take note. Members are advised of the rule of Sub-Judice.

4.       DO - requested that where members no longer acting for the respective clients to supply the documents in their possession to the newly appointed lawyers or return them to the accused. The PPN had further agreed if need be the members can photocopy those documents in court and return it immediately to the DPP concerned.

SBC - Members to exercise diligence in handing over of documents back to clients/newly appointed solicitors. Otherwise return it to the prosecution in court.

5.       DO - Members were advised to have mutual respect of DPP’s in court and during trials.

SBC - Members are advised to take note.

6.       YBGK - Accused says lawyer are engaged but not appearing in court.

SBC – We invite reports to be made to SBC of such instances.

7.       SBC - Members are not to react unprofessionally when representations are rejected.

SBC – members are advised to take note.

8.       SBC - Members are advised not to meet and discuss at any time with the prosecution witnesses.

Thank you.

MK Thas
Criminal Practice & Court Liaison Sub Committee
Selangor Bar Committee


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