Expand right of appeal from magistrate’s court, says lawyer

Expand right of appeal from magistrate’s court, says lawyer

Everyone should have an automatic right to two rounds of appeal, says A Srimurugan.

A lawyer says all accused persons should be accorded two automatic rights of appeal.
PUTRAJAYA:
In the wake of a former student’s failure to seek an appeal over his reckless driving conviction, a lawyer has called for cases from the magistrate’s court to be granted automatic right of appeal to the Court of Appeal.

The lawyer, A Srimurugan, said everyone charged in court should have the right to have two rounds of appeal to a superior court, and those whose charge carries a mandatory jail term must also be accorded the right to two rounds of appeal.

However, another lawyer, KA Ramu, suggested that reckless and dangerous driving cases be heard at the sessions courts so that the accused could subsequently file an appeal with the Court of Appeal.

“It is just like a rape or corruption case originating in the sessions court and ending in the Court of Appeal,” he said.

Last week Muhammad Mustaqim Khairudin was ordered by the Court of Appeal to begin his mandatory two-year jail term for dangerous and reckless driving in causing the death of another young motorcyclist four years ago.

He applied for leave to appeal, but the court dismissed his application as he did not raise questions of law. and issued a warrant of committal for Mustaqim, 28, to begin his jail term.

He had been sentenced by a magistrate’s court to two years’ jail and fined RM6,000 for causing the death of Akmal Azrizal Anour, 17.

Srimurugan said Parliament and courts should also review the need for leave as magistrates these days were dealing with complex cases that allowed them to impose mandatory jail terms and hefty fines.

“The criminal jurisdiction of magistrates has been extended while Parliament has passed tougher laws to punish offenders unlike 50 years ago,” he said.

He said appeals to the Court of Appeal originating from the magistrates’ court should not be limited to questions of law but findings of facts.

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