THE JOURNAL consists of selected, most notable and newsworthy POSTINGS OF THE DAY.

Friday, September 14, 2007

16. Lawyers to Prosecute

A very senior malaysian lawyer, Karpal Singh, issued the following statement:

Senior lawyers should be allowed to conduct prosecutions, says lawyer Karpal Singh.

He said in a statement that the government should consider invoking provisions under Section 379 of the Criminal Procedure Code.

Citing the practice in England, he said the Queen's Counsel were often engaged to conduct prosecutions on behalf of the state. " We should emulate this example."

Section 379 of the CPC reads: " With the permission in writing of the Public Prosecutor, an advocate may be employed on behalf of the government to conduct any criminal prosecution or inquiry, or to appear on any criminal appeal or point of law reserved on behalf of the public prosecutor.

" The advocate shall be paid out of public funds such remuneration as may be sanctioned by the minister of finance and ... shall be deemed to be a ' public servant'. "

Karpal also said: " Perhaps the CPC should also be amended to allow lawyers holding watching briefs to take an active part in the prosecution to ensure success." - NST.