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Saturday, July 30, 2016

Remove Magistrate and Sessions Courts From AG - Better Late Than Never

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CJ: Unwise for AG to head judicial division of Sessions, Magistrate court

Saturday July 30, 2016

Chief Justice Tun Arifin Zakaria said unwise for AG to head Sessions, Magistrate Court

CJ said (AG) should be relieved from heading Magistrate, Session’s Court.

Chief Registrar should be in charge of this division 

unwise for AG to head Sessions, Magistrate courts 

difficult to pass judgment when prosecutor is senior from AG’s or AG himself. 

like passing judgment against your boss.

Should AG continue to head both, lead to negative perceptions on freedom of judges.

let chief registrar head the judicial division 


My comments :  Actually this has been the system for decades.  

In any good system of justice we must separate between the 

arrest and investigation powers (Police)  
the prosecution powers (AG Chambers) and 
the judicial / deciding authority (the judiciary).

Many people do not know that in Malaysia the magistrates at the Magistrates Courts  and the judges at the Sessions Courts report to the Prosecutor or Attorney General. 

Only the High Courts and above are independent of the Attorney General.

The suggestion by the Chief Justice Tun Ariffin Zakaria is a good suggestion.

WE have to grow up and mature more as a democracy.

I suggest that we should also have the AG and the IGP held accountable to Parliament. Firstly their appointment must be endorsed by Parliament. 
Secondly they should be made  answerable to Parliament on a periodic basis (every 6 months or so) plus they should be summoned by Parliament "upon notice" on major issues that are of public interest. 

There are many levels of democracy. We are still in the kindergarten.

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