KUALA LUMPUR: Lawyers and prosecutors must be well-prepared in court as this will greatly assist judges in delivering quality judgments in criminal cases, says Chief Justice Wan Ahmad Farid Wan Salleh.
The top judge said that from the judiciary’s perspective, the quality of justice delivered is closely linked to the quality of advocacy and preparation that comes before them.
“When counsel – whether prosecuting or defending – demonstrate mastery of the law, present evidence with clarity and precision, and advance arguments grounded in principle and supported by authority, the administration of justice proceeds as it should,” he said.
He was delivering a keynote address at the National Criminal Law Conference themed “Insight, Strategy and Justice” at Wisma Badan Peguam Malaysia today.
On the other hand, Wan Farid said, justice is delayed, resources are wasted, and confidence in the system is diminished when there are gaps in preparation, misunderstanding of legal principles, or inadequate engagement with procedural requirements.
He said the law does not stand still, and recent appellate court decisions have clarified important points of law, established new precedents, and sometimes corrected misunderstandings that had taken root in practice.
“A fine example I can think of is the recent Court of Appeal case which outlined a 17-point guideline on guilty pleas,” he said, adding that the guideline came about as the courts still received appeals against convictions despite a plea of guilt.
He said the law is settled that an appellant who pleads guilty cannot challenge the conviction and may only appeal against the sentence imposed.
AG stresses need for consistency and transparency
Attorney-General Dusuki Mokhtar said prosecutorial decisions are now subject to heightened public scrutiny, especially in high-profile cases, through public perception.
“This underscores the need for consistency, transparency where appropriate, and strict adherence to legal principles,” he said in a special address at the conference.
He said the Attorney-General’s Chambers remain committed to strengthening prosecutorial standards, enhancing internal guidelines, and engaging constructively with stakeholders to ensure the administration of justice remains fair, effective and credible.
Malaysian Bar president Ezri Abdul Wahab said the key objective of this conference was to provide lawyers with updated insights into critical areas such as money laundering, terrorism financing, and corruption.
“The strength of our criminal justice system not only depends on the written law but on the quality of our practice, the soundness of our institutions, and our collective commitment to justice,” he said.
