Cj Issues New Directions For Remand Proceedings

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Chief Justice Tengku Maimun Tuan Mat has directed magistrates to ensure that lawyers represent suspects during remand proceedings.
In a practice direction dated last Friday (Sept 10), the country's top judge directed magistrates to ensure that lawyers are present during remand hearings if the person under investigation wished to have legal representation.
These are among measures aimed at safeguarding the rights of suspects during remand proceedings.
The new practice direction will take effect from Wednesday, which would revoke the previous directions issued in 2003 and 2011.
Maimun had directed magistrates' to enquire from suspects whether they have been allowed to contact their lawyers and, if not yet appointed any lawyer, whether the suspects wish to appoint legal representation.
The top judge said that if a suspect has no legal representation or could not afford a lawyer, the magistrate must explain to the suspect that he or she is entitled to legal representation from the government-funded National Legal Aid Foundation.
The practice direction noted that for a suspect to be eligible for legal representation from the National Legal Aid Foundation, he or she needs to be a Malaysian citizen and is not being investigated under any preventive, kidnapping and abduction laws.
Maimun directed magistrates to postpone remand hearings to a reasonable time on the same day to allow lawyers to attend the proceedings.
She reiterated that if the suspect does not wish to be represented by a lawyer or that the suspect's lawyer does not attend proceedings within a reasonable time given, then the remand hearing before the magistrate can still proceed.


Magistration must inquire on suspects' treatment during custody
The top judge also sought magistrates conducting remand applications to inquire from suspects regarding their treatment while under police custody and their health.
Maimun said that if a magistrate finds that a suspect requires medical care, the police investigating officer (IO) must ensure the suspect is brought to a hospital for examination and appropriate treatment.
She has directed that before remand hearings before the magistrate, the IO must ensure that the remand application, copy of the investigation diary and any other document related to the remand application have been filed via the e-Kehakiman system.
She said that the IO must ensure the suspect is produced before the magistrate during the remand proceedings.
Maimun has also directed that during the remand proceedings, the IO needs to update the magistrate on the status of the remand application, whether it is a new application or to obtain a further extension of remand.
On April 27, the Federal Court ruled that magistrates must comply with guidelines to look into the merits of the police's application against suspects before issuing remand orders.
On that day, the apex court had allowed an appeal by a "datuk" and two police officers to quash an illegal detention order against them under the Prevention of Crime Act 1959 (Poca).
The trio was previously investigated for a Macau scam and online gambling activities. - Mkini

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