1. Please be informed that pursuant to the JBC’s meetings with YA Dato’ Indera Mohd Sofian bin Tan Sri Abd Razak, the Hakim Utama of the Johor Bahru High Court, the following issues have been settled:

(a) Cases already fixed for hearing in court shall not be transferred to another court without the counsel’s knowledge and without taking his free dates into consideration, as had previously been agreed between the Bar Council and the Honourable Chief Justice of Malaysia and as stated in the CJM’s Practice Directions No. 1 & 2 of 2011.

(b) For purposes of trial of any matter there is no necessity to file witness statements for witnesses who are subpoenaed.

(c) In order to overcome the inconvenience caused to counsel and the public who have matters in court arising from the closure of the canteen at Menara MSC Cyberport, Johor Bahru, the courts have no objection to the JBC’s proposal to install vending machines to serve hot and cold drinks at the Bar Room (for members only) and the court corridor (for the public), subject to the approval of the Landlord of the premises. The JBC will now approach the Landlord for the said approval.

(d) The courts will consider the Committee’s proposal to allow the Conference Room at Level 23 of Menara MSC Cyberport to be used for the post-call reception with the attendees confined strictly to the Judges, the JBC, the newly admitted Advocates and Solicitors, their masters and parents, or alternatively to fix all Calls at the Criminal Court in Jalan Ayer Molek where there is no problem in using the Meeting Room.

2. Please be further informed that following a meeting between the JBC and Puan Sabariah binti Atan, the Pengarah Mahkamah Negeri Johor, the following decisions have been made:

(e) The practice of requiring the Plaintiff or his Solicitor to appear in open court and to apply for default judgment will cease immediately, and the procedure set out by Rule 13 of the Rules of Court 2012 to be followed and that a notice would be issued to all courts in Johor to follow the uniform practice.

(f) The issue of the court records showing that Solicitors “Not Appointed” when in fact the parties are represented by Solicitors will be attended to and rectified by the Service Bureau. For all filing made through the Service Bureau, the Solicitors can refer to the Site Administrator to edit the relevant particulars, namely, Puan Zahilah binti Mohammad Yusof for the High Court and Puan Saba’aton binti Hj Daud for the Subordinate courts. And for online filing they may refer to Omesti.

(g) The rejection or reduction of out-of-pocket disbursements (incurred by a party) by the Registrar when approving the draft judgment or order may be avoided by submitting the relevant vouchers and/or receipts.

  1. Lastly please also be informed that at a recent meeting between the JBC and Tuan Roslan bin Mat Nor, the Pengarah Pendakwaan Negeri Johor, we were notified as follows:

(h) Representations to withdraw or amend charges

Steps are being taken by the Pengarah Pendakwaan to expedite the process of replying to representations made by Solicitors to withdraw or amend the charge against their clients. An acknowledgment would be given for all letters received by his office. Solicitors are required to make all representations to Pengarah Pendakwaan Negeri Johor at Pejabat Penasihat Undang-Undang Negeri Johor, Aras 2, Bangunan Dato’ Jaafar Muhammad, Kota Iskandar, 79100 Iskandar Puteri, Johor Darul Ta’zim, with a copy thereof forwarded to the Deputy Public Prosecutor handling the matter. The representation must state the Court and case number, the police report number (if available) and all other relevant information regarding the case.  Further,  as one of the causes for delay in replying, especially for cases outside Johor Bahru was because the process of sending the  investigation papers (IP) to him often took some time, he planned to  travel to the districts personally on a regular basis to go through the IPs and to give a prompt reply.

(i) Hearings to go on without delay

The Honourable Attorney General has given instructions to his office to go on with all cases fixed for hearing and not to make an application or to agree to an adjournment on flimsy grounds.

(j) Documents furnished pursuant to section 51A Criminal Procedure Code

In order to mimimise the delay in the disposal of cases, his office would furnish the section 51A Criminal Procedure Code documents only once and if the accused were to change lawyer, the succeeding lawyer should obtain the documents from the previous and be ready to proceed with the matter.

 

Kindly be guided accordingly.  If you are not clear or have any query on the above matters do not hesitate to call or to write to the Johore Bar Secretariat.

 

S. Gunasegaran
Chairman

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