Sessions Court in Peninsular Malaysia has limited territorial jurisdiction, says judge

 

High Court judge rules KL Sessions Court cannot try charges over crimes committed outside the federal territory.

KUALA LUMPUR: The Sessions Court does not enjoy nationwide territorial jurisdiction unlike the High Court, a judge has ruled.

Judicial Commissioner Aslam Zainuddin said there was a 1955 order which clearly stated that the local limits of jurisdiction for the Sessions Court in Peninsular Malaysia was only state-wide.

He said a Court Ordinance 1948 which came into force on Oct 1, 1955, is still valid and subsisting.

“The ordinance was revised in 1972 and the subsidiary legislation made thereunder is still valid, in force and subsisting,” he said in his 31-page written judgment delivered last week.

On Sept 29, Aslam quashed the conviction of a former electronics company director for a criminal breach of trust amounting to RM26 million of the company’s funds.

Abul Hassan Mohamed Rashid was sentenced to six years’ jail by a Kuala Lumpur Sessions Court although the alleged offence took place in Johor Baru on 2007.

In this case, the prosecution submitted that the charge framed against the accused in the Kuala Lumpur Sessions Court is not fatal as it was no longer part of Selangor by virtue of a constitutional amendment in 1973.

The prosecution argued the Kuala Lumpur Sessions Court should have the same territorial jurisdiction as the High Court in Malaya.

Aslam said the argument was flawed as the 1955 order had spelt out the territorial jurisdiction of the Sessions Court in Selangor which included Kuala Lumpur at that time.

“The status quo remains until amendments are made to the law,” he added.

The judge, however, did not go into the merits of the appeal and only declared the proceedings in the KL Sessions Court a nullity.

Aslam said he did not order a retrial as that was within the purview of the public prosecutor under Article 145 of the Federal Constitution and section 376 of the Criminal Procedure Code.

“I am sure the public prosecutor in his wisdom will decide based on the law and public interest as well as on the facts of this case,” he added. - FMT