—
It is a brave man who speaks his mind…
Chief Justice Arifin Zakaria, “It would be difficult to pass judgment when or if the prosecutor is a senior officer from the AG’s office or the AG himself. It is like passing judgment against your boss.”
https://www.malaysiakini.com/news/350539?utm_source=dlvr.it&utm_medium=twitter
—
1 August 2016
Azalina: Govt to study CJ’s proposal to remove AG’s role over lower courts
KUALA LUMPUR, Aug 1 ― The government will study the “interesting” proposal to relieve the Attorney-General of his position of overseeing the judges from the Sessions Court and Magistrate’s Court, de facto law minister Datuk Seri Azalina Othman Said said today.
Azalina said the proposal mentioned by Chief Justice Tun Arifin Zakaria last Saturday “makes some sense”.
“I think basically what they want is the prosecutors are just prosecutors and the judges are just the judiciary, because High Court judges are all appointed by the Commission. I think basically that’s how the CJ is looking at it.
“It’s quite interesting but it must be studied further,” she said.
Azalina said the proposal could possibly be discussed at the Cabinet level, but said she will have to first study the proposal papers drafted by the Chief Registrar.
“I already met the court registrar this morning, she will give me the proposal that they have already written to the Public Services, so we will just have to study it.
“No matter what, we will maybe discuss it in Cabinet as a follow-through. I don’t know, I have not looked at the papers yet,” she said.
…
31 July 2016
…
Bar: CJ’s plans may need amending constitution
PETALING JAYA: A constitutional amendment may be needed in order to remove administrative powers over magistrates from the Attorney-General, says the Malaysian Bar.
Bar chairman Steven Thiru said the proposal by the Chief Justice, to put judicial officers under the sole jurisdiction of the judiciary, would resolve any apparent conflict of interest.
He said the proposal would “inspire more confidence in the decisions of Sessions Court judges and magistrates, whether or not they decide for the prosecution”.
…
While the commission oversees appointments, discipline and promotions, the two divisions come under the administrative control of the Attorney-General. He is a member of the commission, together with the heads of the three superior courts and a judge from each superior court.
…
Malaysian Bar chief backs AG removal from judicial division in Sessions, Magistrate court
KUALA LUMPUR, July 30 ― Sessions Court judges and Magistrates should be independent from executive powers by relinquishing the control of the Attorney-General (AG) over the judicial division in both courts, Malaysian Bar president Steven Thiru said today.
Steven said Chief Justice Tun Arifin Zakaria’s call to relieve the AG off from heading the judicial division was “valid” and deserved “due consideration”.
“The judicial and legal services commission has jurisdiction over all members of the judicial and legal services and the AG is a member of the commission.
“The commission functions include determining the terms and conditions of service of the Sessions Court judges and Magistrates, including promotion,” Steven said in a statement.
Having the AG head the judicial division in both courts, he said, could lead to further questions on decisions made in favour of the prosecution that is led by the Public Prosecutor or a senior Deputy Public Prosecutor.
“It is perceived that it would be difficult to decide against your superior as it may be detrimental to their service conditions,” he said.
Steven said Arifin’s proposal would strengthen the concept of power separation when or if there was no influence by other arms of the government.
If the proposal goes through, he said it would not only eliminate any act of conflict of interests but will also inspire confidence in the decisions of Sessions Court judges and Magistrates.
—
30 July 2016
…
malaysiakini.com @malaysiakin
Chief justice wants AG relieved as judicial division head
Chief Justice Arifin Zakaria wants the attorney-general (AG) to be relieved from heading the judicial division of the Magistrate and Sessions Court, reports news portal MalayMailOnline.
“…A paper to make this changes has already been drafted by the chief registrar and it should be finalised by end of the year,” Arifin reportedly told a press conference today.
Speaking after opening the Judicial Officers Conference in Kuala Lumpur, Ariffin explained that the chief registrar should instead be in charge of the division to ensure unbiased judgment and verdicts in both courts.
“In my opinion it is unwise for the AG to head the judicial and legal services of the Sessions Court and Magistrate’s Court as this is the current state.
“It would be difficult to pass judgment when or if the prosecutor is a senior officer from the AG’s office or the AG himself. It is like passing judgment against your boss,” he opined.
…
“My suggestion is that let the chief registrar head the judicial division and allow the AG to handle the legal division,” he said.
This, said Arifin is similar like how the federal courts are organised, pointing out that hierarchically the judicial service fell under the management and coordination of the chief registrar of the country, in any case.
https://www.malaysiakini.com/news/350539?utm_source=dlvr.it&utm_medium=twitter
—
CJ calls for separation of Judicial and Legal Service Commission http://fw.to/mhnn3VU
30 July 2016 | MYT 5:43 PM
CJ calls for separation of Judicial and Legal Service Commission
—
weehingthong 