Circular No. 27/20: Courts Resuming Operations During The Conditional Movement Control Order And Post-Movement Control Order

CLARIFICATION ON THE RESUMPTION OF OPERATIONS BY COURTS

  1. By JBC Circular 25/20 dated 11/05/2020 [“JBC 25/20”] refers, members had been notified of the protocol to be observed as well as directives concerning the conduct of matters in court with effect from 13/05/2020 [“the Directives”].

2. Thereafter, we have received messages from members informing us of directives issued by some JB Sessions Courts (Civil), which were at variance with the Directives.

3. These issues were immediately brought to the attention of the Registrar, Tuan Mohammad Haldar Bin Abdul Aziz, who has confirmed the following:

3.1. the Directives, per the meeting of 10/05/2020, apply to all courts; all judicial officers have been briefed accordingly;

3.2. no fresh trials will be conducted during the period from 13/05/2020 to 31/07/2020 [“the Phase”];

3.3. priority is given to part-heard matters. However, should you encounter difficulties in procuring the attendance of witnesses resulting in none being available to proceed with the trial, the matter will be set down for trial on another date. You are urged to give the court(s) advance notification; this would enable the court(s) to schedule their cause list accordingly.

4. Tuan Haldar also clarified that in addition to part-heard trial, ageing cases, namely those dating 2016-2018, as well as public interest matters will proceed, subject to the Directives and Item 3.3 above.

5. Members:-

5.1. are reminded to have at hand a “Borang Pelawat Ke Mahkamah” [JBC 25/20 APPENDIX 10A], duly completed in advance to attending court. This form is to be submitted to person on duty before entering the courts. A copy of the form concerned is attached here for members’ convenience;

5.2. may enter the Johor Bahru Courts (Criminal) via the Lower Court and High Court entrances, with the High Court entrance reserved solely for lawyers/DPPs; members of the public enter only through the Lower Court entrance;

5.3. are advised to use the “Unit Lelong” passageway when moving between the Lower and High courts.

Please do not hesitate to forward any queries, concerns or issues, to:-

(a) the  Johore Bar Secretariat at  secretariat@johorebar.org.my or

(b) the undersigned at 0192234007 or by email at sbegumsubhan@hotmail.com

Thank you.

SHAHAREEN BEGUM BINTI ABDUL SUBHAN

CHAIRMAN

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