What Is A Fair Judicial Hearing? 

A Fair Judicial Hearing? 

Everyone is entitled to a fair trial. No matter what the charges against you and how many are, a fair trial is everyone’s right. Even if you are a political person or normal citizen, you need to be subjected to fair trial. 

A Fair Judicial Hearing consists of: 

  • Not in favor of anyone-by any saying or process
  • Has its own freedom of running the system and hearing. 
  • Not subject to control by the Legislature or Executive authorities 
  • A judge shall not be dismissed except because of a particular reason like in the Article 125 (3)
  • The conduct of a judge cannot be discussed in parliament except on a motion from a member of parliament
  • The maximum years to be a judge is 65 years or 66 years. 

Ensure that the Federal Constitution is complied with and upheld in accordance with the provisions of the law

Function of Judicial Authorities: 

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Have the power to make sure that the Federal Constitution is complied with and upheld in accordance with the provisions of the law. 

How Were Civil Cases Handled During The Movement Control Order? 

Here is an official notice from the body in charge which is the judicial authorities.  Of course, pandemic Covid-19 has impacted everyone no matter what and where you are from. This also applied in the hearing and court room. 

The handling of civil cases during the Movement Control Order from 15-28 June 2021 is guided by the following instructions: 

(a) For All Trial / Hearing of Civil Cases 

(i) All trials / hearings of civil cases that have been scheduled in physical presence in Court shall be postponed and a new trial / hearing date will be announced later by E-review. Yes, online checking.

(ii) For civil cases, hearings shall be conducted through remote communication technology based on the Chief Justice’s Practice Direction No. 1 of 2021; Civil Case Handling Through Remote Communication Technology For Courts Across Malaysia (AA KHN 1/2021). For this purpose, the conduct of proceedings through the hybrid method is not permitted and paragraphs 6, 9 and 14 of AA KHN 1/2021 are not applicable. You would think this only applied in online class or online meetings? Even our judicial system tries to make it virtual to ease everything. 

(iii) If YBhg. Tan Sri/ Dato ’Sri/ Datuk/ Tuan has difficulty in continuing the trial and it is feared that it will affect the right of the parties to obtain a fair trial through remote communication technology, said YBhg. Tan Sri/ Dato ’Sri/ Datuk/ Tuan can apply to adjourn the case.

What Is Remote Hearing

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Every country has a different system. One thing to keep in mind, okay? In Malaysia, we try to enforce remote hearing little by little. Remotely meaning the hearing is done online through virtual platforms. Yes, there are downsides to this more than good things that come from it. However, the pandemic has changed the way we live our lives. After the judicial authorities have talked and discussed regarding it, law firms will need to adapt to the changes that may be implemented after the MCO is lifted in terms of safe distancing in general, and more specifically the new directions and protocols that the Courts will implement in the future. Hybrid hearing is also the new solution for this problem. 

EOCM