On 6th April 2021, the Johore Bar Committee [JBC] met with Federal Court Judge Datuk Mary Lim [“Justice Mary”], Johor Bahru High Court Judge Datuk Abu Bakar Katar, Director of Courts Johor Tuan Mohamad Haldar bin Abdul Aziz [“Tuan Haldar”] and Deputy Registrar High Court Johor Bahru Puan Azureen Sahira Binti Sauffee Afandi [“Puan Azureen”]. Justice Mary is the Managing Judge for Johor.
The key matters deliberated and/or discussed during the meeting are summarised below.
- Implementation of SOP in courts
SOP is to be adhered to strictly in courts. Also to be followed are the staggered court times for court hearings and mentions; members are to be present in court only at the appointed times. Court proceedings will finish at 3:30pm daily for sanitization works.
2. Crowded Waiting Areas in Lower Criminal Courts
Addressing the issue of crowded waiting areas at the lower criminal courts in Johor Bahru raised by JBC, Justice Mary said that she will have a meeting with the prosecution office and police department to come up with a solution to address this issue.
3. QMS Issues
JBC informed the meeting that the current QMS system does not notify lawyers when their cases are called up after they have registered into the system. As such lawyers are unsure as to their queue number and have no alternative but to wait around at the waiting area in court and check on their matters periodically.
To address this issue, the implementation of QMS with a WhatsApp notification 30 minutes prior to a matter being called, in Johor Bahru Civil Courts, will be looked into.
4. Parking Space
To a query by Justice Mary, JBC said that parking is always a problem at both the criminal and civil court buildings. Since the parking space is limited, members have no alternative but to park along and / or near the court building. However, they run the risk of the town municipal issuing summonses. Justice Mary reassured us that they would look at ways to resolve this issue.
5. New Court Building in Nusajaya
Plans for the erection of a new court building, housing all courts in Johor Bahru, in Nusajaya in the near future are being discussed.
6. Reshuffling of Distribution of Matters in Johor Bahru Courts.
With the elevation of Justice Datuk See Mee Chun to the Court of Appeal Malaysia, newly appointed Judicial Commissioner, Justice Dato’ Sri Shamsulbahri bin Ibrahim commenced sitting at Johor Bahru High Court (Civil) on 5th April 2021. A copy of the redistribution of works list is attached [“the List”]. Puan Salawati binti Djambari, who is mentioned in the List, is also to be transferred; her cases will be handed over to other judges.
Should any issues arise with part heard or continued hearing cases as a result of the redistribution of work, members are advised to address them with the judge who will be handling the matter.
7. Disposal of Uncontested Matrimonial Proceedings in Johor Bahru
Effective 1st April 2021, Tuan Haldar and Puan Mabel Sheela a/p Victor Muttiah will be hearing uncontested divorce proceedings. These matters will be conducted at Level 23A Sessions Court 1. Both parties in the proceedings must be physically present in court on the day of hearing.
The matters will proceed before the Sessions Court Judges as a High Court proceeding. The cause papers continue to be filed in the High Court, bearing the High Court intitulement. The orders issued are to be drawn up accordingly and filed in the High Court.
In the event any controversy or dispute arises in the course of the proceedings, the matter would be referred to Justice Puan Evrol Mariette Peters for further management.
8. Adoption Proceedings
Following Tuan Haldar’s assignment to hear uncontested divorce matters, Sessions Court Judges, Puan Fazillah Begum binti Abdul Ghani and Puan Lailawati binti Ali, will hear adoption cases.
9. e-Review Issues
2 issues were brought to the meeting’s attention:-
(a) counsel was locked out of an e-review on the appointed date before 9 a.m. The counterparty had updated status the night before. The Sessions Court Judge concerned logged at before 9 a.m., keyed in the directions and locked the session, preventing the aggrieved counsel from updating at his end.
(b) No prior notification of change in mode of case management ie from e-Review to a physical one and vice versa.
10. e-Lelong
The courts are looking into the non-refund ability of the 3% auction deposit to an unsuccessful bidder paid online. The issue arose as the payment is classified as a fee perlaksanaan and therefore cannot be refunded.
11. YBGK Matters
YBGK lawyers are not informed when a person summoned or an accused person is brought to court by the police. Interviewing a YBGK client prior to the matters being called in court is a problem due to insufficient time; once the Courts start their sitting, the proceedings cannot be disrupted court for time to interview the such a YGBK client.
12. Criminal Matters
(a) Accused persons having to wait more than 5 months for s177A CPC consent for the case to be transferred from the lower Courts to the High Court.
(b) The prosecution ought to be directed to furnish documents pursuant s51A CPC within 3 months. In the event of non-compliance, the matter ought to be taken up before a Judge.
(c) Prosecution Officer entering the interpreter and/or the secretary’s room in the absence of defence counsel on the day the case is called up for trial. Justice Mary was greatly concerned by this complaint.
JBC recorded its gratitude to Tuan Haldar and Puan Azureen for their invaluable assistance and cooperation since the start of the movement control order.
Members will be kept updated accordingly.
SHAHAREEN BEGUM BINTI ABDUL SUBHAN
CHAIRMAN