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Landmark ruling on sessions courts

By V. Anbalagan

PUTRAJAYA: Sessions courts in the peninsula are not restricted by territory to hear and dispose of criminal cases.

The Court of Appeal yesterday affirmed a High Court ruling that cases originating in sessions courts in one district can be dealt with by sessions courts elsewhere in the peninsula.

Court of Appeal judges Datuk Suriyadi Halim Omar, Datuk Hasan Lah and Ahmad Maarop made the unanimous ruling in dismissing an appeal by businessman Datuk Chee Kok Wing.

Suriyadi did not give any reason. However, Suriyadi congratulated Chee's lawyer, Tan Hock Chuan, for an "excellent job".

The judges also did not invite deputy public prosecutor Ahmad Kamal Arifin Ismail to make submissions.

Tan had submitted earlier.

Chee, a businessman, had appealed to the Court of Appeal to set aside High Court judge Datuk Su Geok Yiam's decision to consolidate seven corruption charges against him in Kuala Lumpur and two in Petaling Jaya, to be heard jointly by a Sessions Court judge in Kuala Lumpur.

Chee's case will be mentioned next Monday.

The public prosecutor applied before the Sessions Court judge in Petaling Jaya in 2008 after Chee was charged, to transfer the two cases to Kuala Lumpur, but was dismissed on grounds of territorial restriction as stated in the Subordinate Courts Act 1948.

On appeal by the public prosecutor, the High Court reversed the ruling.

Su said the sessions courts' local limit of jurisdiction in criminal cases was "federationwide".

Tan in his submission before the appellate court judges yesterday said the High Court ruling meant that a rape case which should be heard in Kangar Sessions Court could now be transferred and decided by a Sessions Court judge sitting in Johor Baru.

"The Sessions Court does not enjoy the territorial jurisdiction unlike the High Court of Malaya."

He said the primary aim of transferring cases was to ensure fair trial to an accused person.

Ahmad Kamal told the New Straits Times outside the court that the upholding of the High Court ruling meant that the Sessions Court in the peninsula was accorded a status similar to the High Court of Malaya and High Court of Sabah and Sarawak as far as criminal cases were concerned.