Circular No. 36/18: Issues pertaining to conduct of accident cases

The Johore Bar Committee recently had a meeting with the Johore Chief Police Officer, Datuk Mohd Khalil Bin Kader Mohd (“CPO”). The meeting was also attended by the Deputy CPO and other officers.

The meeting was held on the Committee’s request to discuss several issues faced by lawyers in the conduct of accident cases when dealing with the police. Amongst the issues raised were:

  1. Difficulties in obtaining the complete documents viz. police sketch plan, photographs and investigation results from the usual traffic police counters.
  2. Instances wherein the firm or lawyers concerned were asked to refer directly to the investigating officer to obtain the sketch plan, photographs and investigation results.
  3. Difficulties faced in serving the subpoena on the investigating officer concerned.
  4. The rate of witness allowance to be paid to the subpoenaed police witnesses for court attendance.
  5. The payments required to obtain the complete documents viz. police sketch plan, photographs and investigation results.
  6. Punctuality in court attendance by the subpoenaed police witnesses.
  7. The right of accident victims or their dependents to be represented by lawyers or law firms of their choice.

The CPO and his officers were receptive to the issues raised and the difficulties faced by lawyers. The Committee was informed that the Police will attend to the issues and the difficulties raised and where necessary Standard Operating Procedures (“SOP”) will be put in place to ensure transparency, uniformity and good governance practices.

The CPO also expressed appreciation to the Johore Bar for bringing to attention the abovementioned issues and our efforts to resolve the issues amicably.

The Committee will continue to monitor and see whether the issues are being resolved. Members are also requested to inform the Committee if they continue to face the same difficulties and to provide particulars thereof so that the Committee will be able to address the issues more specifically if required.



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