Criminal Law: Evidence and Procedure” Course was held on 5-6 July 2019 (Friday-Saturday) at the Zenith Hotel, Putrajaya. The objective of this course is to provide Judges/Judicial Commissioners with a comprehensive understanding of certain aspects of the law of Criminal Evidence and Procedure.

A total of 19 participants attended this course consisting of 6 High Court Judges and 13 Judicial Commissioners. The facilitators of this course are The Right Honourable Tan Sri Dato’ Sri Ahmad bin Haji Maarop, President of the Court of Appeal; The Honourable Tan Sri Dato’ Sri Azahar bin Mohamed, Federal Court Judge and Chairman of the Training Committee, Judicial Academy; and The Honourable Dato’ Abdul Rahman bin Sebli; Judge of the Court of Appeal. This course was also attended by The Right Honourable Dato’ Tengku Maimun binti Tuan Mat, Chief Justice.

This course was divided into 3 sessions. The first session on the first day began with the presentation on assigned topics and discussion related to this course that were presented by participants from 6 High Court Judges and 6 Judicial Commissioners. The second session was continued with group discussion on assigned case studies. Participants were divided into four groups of four or five members in each group. Each group was assigned with two case study for discussion and presented their findings in the third session in the second day. Discussions between participants and facilitators were also held after the presentation to provide a comprehensive understanding. This course has received good feedback from participants as well as facilitators.

The Course of “Criminal Law: Evidence and Procedure” was held from 22-23 September 2017 (Friday-Saturday) at the Banquet Hall, Palace of Justice, Putrajaya. This course objective is to provide Judges/Judicial Commissioners with a comprehensive understanding of certain aspects of the law of criminal evidence and procedure.

The course was attended by 23 participants consisting of 14 Judges and 9 Judicial Commissioners. The facilitators for this course were The Right Honorable Tan Sri Datuk Wira Ahmad bin Haji Maarop, Chief Judge of the High Court in Malaya, The Honorable Tan Sri Azahar bin Mohamed, Federal Court Judge who is also the Chairman of the Judicial Academy and The Honorable Dato’ Tengku Maimun binti Tuan Mat, Court of Appeal Judge.

The course was divided into 2 sessions. The first session was an individual presentation session by 10 Judges and 4 Judicial Commissioners on various topics pertaining to “Criminal Law: Evidence and Procedure” with and each presenter was given 10 minutes to present, followed by 15 minutes discussion. In the second session, the participants were divided into 4 groups consisting of 5 to 6 people each group. Each group was assigned with two case studies and was subsequently asked to present the findings at the end of the session and each group was allocated 20 minutes for presentation. An interactive discussion and question-and-answer session led by the facilitators were conducted at the end of each session to enable participants to share their knowledge views and understanding on the topics and case studies that have been presented.

The Course of “Damages Part II - Tort” was held from 6-7 October 2017 (Friday-Saturday) at the Banquet Hall, Palace of Justice, Putrajaya. This course is the second "Damages" course that was held this year after the first part of the course was held from 7-8 April 2017. This course objective is to develop knowledge and skill of Judges/Judicial Commissioners in assessing damages in tort related cases and judgement writing.

This course was attended by 18 participants consisting of 10 Judges and 8 Judicial Commissioners. The facilitators for this course were The Right Honourable Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Judge of the High Court in Sabah and Sarawak; The Honourable Dato’ Abang Iskandar bin Abang Hashim, Judge of the Court of Appeal; The Honourable YA Datuk Nallini Pathmanathan, Judge of the Court of Appeal; and The Honourable Datuk Vernon Ong Lam Kiat, Judge of the Court of Appeal. The Right Honourable Tun Raus Sharif, Chief Justice; The Right Honourable Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, President the Court of Appeal; and The Honourable Tan Sri Azahar bin Mohamed, Federal Court Judge who is also the Chairman of the Judicial Academy were also present.

The course was divided into 2 sessions. The first session was an individual presentation session by 6 Judges and 4 Judicial Commissioners on various related topics and each presenter was given 15 minutes to present. In the second session, the participants were divided into 5 groups consisting of 3 to 4 people each group. Each group was assigned with one case study and was subsequently asked to present the findings at the end of the session and each group was allocated 20 minutes for presentation. An interactive discussion and question-and-answer session led by the facilitators were conducted at the end of each session to enable participants to share their knowledge views and understanding on the topics and case study that have been presented.

'Damages' course was premierly held in our department, consisting of 19 participants; 11 High Court judges and 8 Judicial Commissioners including The Right Honourable Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Judge of the High Court in Sabah and Sarawak, The Honourable Tan Sri Idrus bin Harun, Judge of the Court of Appeal, The Honourable Datuk Nallini Pathmanathan, Judge of the Court of Appeal and The Honourable Datuk Vernon Ong Lam Kiat, Judge of the Court of Appeal. This course was also attended by The Right Honourable Tan Sri Md Raus bin Sharif, Chief Justice, The Right Honourable Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, President of The Court of Appeal and The Honourable Tan Sri Azahar bin Mohamed, Federal Court Judge as Chairman of the Training Committee, Judicial Academy.

A total of 19 participants attended the course which consists of 11 High Court judges and 8 Judicial Commissioners.

This course was divided into two sessions. The first session is a presentation by 10 participants representing groups of 2 people on discussion topics as defined by the facilitators regarding to 'damages' cases. Time given for presentation is 10 minute and followed by a discussion by participants for 15 minutes. At the second session is the workshop on 'damages' which each group is given the problems to be discussed and presented at the end of the session.

The “Damages: Contract” Course was held from 30th November-1st December 2018 (Friday-Saturday) at the Conference Hall, Palace of Justice, Putrajaya. The objective of this course was to develop knowledge and skill Judges/Judicial Commissioners in assessing damages in contract-related cases. This course is an advanced course of "Damages: Tort" Course which was held from 19th-21st October 2018 at The Everly Putrajaya.

A total of 24 participants attended this course consisting of 12 High Court Judges and 12 Judicial Commissioners. The facilitator line-up of this course was The Right Honourable Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Justice; The Honourable Dato’ Abang Iskandar bin Abang Hashim, Federal Court Judge; The Honourable Datuk Nallini Pathmanathan, Federal Court Judge; and The Honourable Datuk Vernon Ong Lam Kiat; Judge of the Court of Appeal. This course was also joined by The Right Honourable Tan Sri Zaharah binti Ibrahim, Chief Judge of the High Court in Malaya; and The Honourable Tan Sri Dato’ Sri Azahar bin Mohamed, Federal Court Judge and Chairman of the Training Committee, Judicial Academy of Malaysia.

This course was divided into 3 sessions. The first session on the first day began with the presentation on assigned topics and discussion related to this course which were presented by participants from seven High Court Judges and two Judicial Commissioners. The second session on the first and second day was a group discussion on assigned case studies. Participants were divided into five groups of four to five members and were assigned with two case studies for discussion. Each group presented their findings in third session in the afternoon of the second day. Participants and facilitators had interactive discussion afterwards to provide a comprehensive understanding to the participants.

The "Damages: Tort" course was held from 19-21 October 2018 (Friday-Sunday) at The Everly Putrajaya. The objective of the course is to develop knowledge and skill in assessing damages in tort-related cases and judgments writing.

A total of 31 participants attended the course consisting of 14 High Court Judges and 17 Judicial Commissioners. This course was also attended by YAA Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Justice; YAA Tan Sri Zaharah binti Ibrahim, Chief Judge of Malaya; YA Tan Sri Dato 'Sri Azahar bin Mohamed, Federal Court Judge and Chairman of the Training Committee, Judicial Academy of Malaysia; YA Dato 'Abang Iskandar bin Abang Hashim, Judge of the Court of Appeal; YA Datuk Nalini Pathmanathan, Judge of the Court of Appeal; and YA Datuk Vernon Ong Lam Kiat, Judge of the Court of Appeal.

The course is divided into 3 sessions namely the individual assignment presentation session, group discussion session for case studies and group presentations. Topics for the individual assignment presentation have been reduced to six topics compared to ten topics in the previous series. The reduction of this topic is aimed at giving more time to speakers and participants to interact and explore the topics presented.

The next session is the group discussion for case study assignment. Participants were divided into five groups of five members each. Each group is given three case studies for discussion and presentation purposes. Each presentation of the case study was followed by a checklist presentation as a guide to the participants.

“Defamation Law” course was held on 18 and 19 November 2016 at Putrajaya. This course is a new course organized by the Judicial Academy in 2016. Facilitators of this course is the Right Honourable Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin, Chief Judge of Malaya, the Honourable Tan Sri Azahar bin Mohamed, Federal Court Judge and the Honourable Datuk Vernon Ong Lam Kiat, Judge of the Court of Appeal. A total of 10 High Court Judges and 10 Judicial Commissioners attended this course.

This course was divided into two sessions. In the first session, 16 of the High Court Judges and Judicial Commissioners have presented the assigned topics as determined by the facilitator. Presentation of each participant is for 10 minutes followed by 15 minutes of discussion. In the second session, participants were divided into 4 workshop groups. Each group was given two tasks. Participants are required to provide the outcome of those tasks to be presented and discussed. 

The course “Defamation Law” was held from 18-19 August 2017 (Friday and Saturday) at the Banquet Hall, Palace of Justice, Putrajaya. The objective of this course was to develop and increase the knowledge and skills of Judges/Judicial Commissioners in managing and determining defamation cases.

A total of 20 participants comprising 10 Judges and 10 Judicial Commissioners attended the course. The facilitators who conducted this course were The Right Honourable Tan Sri Dato'Seri Zulkefli bin Ahmad Makinudin, President of the Court of Appeal, The Right Honourable Tan Sri Datuk Wira Ahmad bin Haji Maarop, Chief Judge of the High Court in Malaya, The Honourable Tan Sri Azahar bin Mohamed, Federal Court Judge and The Honourable Datuk Vernon Ong Lam Kiat, Court of Appeal Judge. The Right Honourable Tan Sri Dato’ Seri Md Raus bin Sharif was also present.

This course was divided into 2 sessions. The first session was an individual presentation by 9 Judges and 9 Judicial Commissioners on various topics pertaining to “Defamation Law” as determined by the facilitators. The second session was a discussion of the case study. The participants were divided into 4 groups. Each group was assigned to discuss two case studies and was subsequently asked to present their findings. An interactive discussion and question-and-answer session led by the facilitators were conducted at the end of each session to enable the participants to enhance their knowledge and understanding on the topics and case studies discussed.

A dialogue between the Honourable Society of the Middle Temple and Malaysian Judiciary was held on the 21 September 2013 (Saturday) at the Palace of Justice, Putrajaya. This programme was jointly organized by the Office of the Chief Registrar of the Federal Court and the Office of the Secretary, Judicial Appointments Commission.

The purpose of the dialogue was to facilitate the exchange of ideas between both the Malaysian Judiciary and the Honourable Society of the Middle Temple and to discuss the issues and problems faced by the judiciaries of both countries.

The Honourable Society of the Middle Temple was represented by 32 members led by Master Treasurer Mr. Christopher Symons QC. Also in the delegation were the Lord Chief Justice of England and Wales - Lord Sir Igor Judge, Lord Justice of the Court of Appeal – Mr. Christopher Clarke and Judges of the High Court of England and Wales. There were 66 judges/judicial commissioners for the Malaysian Judiciary comprising the Chief Judge of Malaya, the Chief Judge of Sabah and Sarawak, Judges of the Federal Court, Court of Appeal, High Court and Judicial Commissioners from around the Klang Valley.

The dialogue began with a welcome speech from the Rt. Hon. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, Chief Judge of Malaya and was followed by a historical overview of the law and the Malaysian Judiciary by the Hon. Nallini Pathmanathan, High Court Judge, Kuala Lumpur. The Judiciary of England and Wales then went on to discuss the following matters:

(i) The Relationship between Judiciary and Press by Lord Sir Igor Judge, Lord Chief Justice of England and Wales;

(ii) Judicial Life - Trials and Tribulations by Mr. Christopher Clarke, Lord Justice of the Court of Appeal; and

(iii) Challenges Facing the Judiciary Today by Sir Paul Jenkins KCB QC, Treasury Solicitor.

The Malaysian Judiciary was represented by the Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum – Chief Judge of Sabah and Sarawak and the Hon. Dato’ Mohamad Ariff bin Md. Yusoff – Court of Appeal Judge, who shared their views on issues relating to the Malaysian Judiciary.The programme ended at 1.00pm after a question and answer session.

The Malaysian Judicial Academy organized the "Election Petition 2020" Course on 16th October 2020 (Friday) at the Deputy Chief Registrar II (Operations) Meeting Room, Palace of Justice, Putrajaya. The objective of this course was to provide participants with a comprehensive understanding of election laws and procedures. This course was the first one conducted via online to comply with the Conditional Movement Control Order (CMCO) at Selangor, WP Kuala Lumpur and WP Putrajaya, on 14th – 27th October 2020 to curb the spread of COVID-19 virus. This course has received cooperation from the Office of the Chief Registrar Federal Court of Malaysia in terms of program location and ICT technical support assistance, especially in the use of Zoom Meeting application.

A total of 22 High Court Judges participated in the online course including The Right Honourable Tun Tengku Maimun binti Tuan Mat, Chief Justice of Federal Court Malaysia who also delivered the opening address.

This course consisted of three lectures sessions in the morning and a discussion session in the afternoon. The lecture sessions encompassed these titles: "Introduction to Election Laws and Regulations" by The Right Honourable Tan Sri Rohana binti Yusuf, President of the Court of Appeal; "Technical Objections and Interpretation of the Laws in an Election Petition" by The Right Honourable Dato' Abang Iskandar bin Abang Hashim, Chief Judge of the High Court in Sabah and Sarawak; and "Practice and Procedures on Election Petition" by The Honourable Datuk Hajah Azizah binti Haji Nawawi, Judge of the Court of Appeal. The "Open Discussion on Issues Raised in an Election Petition with Reference to Case Laws" involved facilitators namely, The Right Honourable Tan Sri Rohana binti Yusuf, President of the Court of Appeal; The Honourable Datuk Seri Haji Mohd Zawawi bin Salleh, Federal Court Judge cum the Chairman of the Training Committee of Malaysian Judicial Academy; The Honourable Datuk Hajah Azizah binti Haji Nawawi, Judge of the Court of Appeal; The Honourable Datuk Ravinthran a/l N. Paramaguru, Judge of the Court of Appeal; The Honourable Datuk Supang Lian, Judge of the Court of Appeal; and The Honourable Dato’ Lee Heng Cheong, Judge of the Court of Appeal. In this session, the facilitators and participants were free to share their experiences or opinions as well as asking and answering questions related to the election petition.

Kursus “How To Deal With Cases Under 39B of The Dangerous Drugs Act 1952” Siri 2 telah diadakan di Putrajaya Marriott Hotel & Spa, Putrajaya pada 14 - 15 Julai 2012 (Sabtu dan Ahad).

Fasilitator-fasilitator yang mengendalikan kursus ini adalah YA Dato’ Ahmad bin Haji Maarop, Hakim Mahkamah Persekutuan; YA Dato’ Sri Haji Mohamed Apandi bin Haji Ali, Hakim Mahkamah Rayuan; YA Dato’ Azahar bin Mohamed, Hakim Mahkamah Rayuan dan YA Datuk Wira Mohtarudin bin Baki, Hakim Mahkamah Rayuan. Seramai 14 orang peserta yang terdiri daripada 8 orang Hakim Mahkamah Tinggi dan 6 orang Pesuruhjaya Kehakiman telah menghadiri kursus ini seperti berikut:

1. YA Dato’ Mohd. Sofian bin Tan Sri Abd. Razak - Hakim Mahkamah Tinggi, Shah Alam
2. YA Dato’ Hinshawati binti Shariff - Hakim Mahkamah Tinggi, Shah Alam
3. YA Datuk Yew Jen Kie - Hakim Mahkamah Tinggi, Sibu
4. YA Tuan Kamardin bin Hashim - Hakim Mahkamah Tinggi, Kuala Lumpur
5. YA Dato’ Umi Kalthum binti Abdul Majid - Hakim Mahkamah Tinggi, Muar
6. YA Dato’ Noraini binti Abdul Rahman - Hakim Mahkamah Tinggi, Kuala Lumpur
7. YA Datuk Nor Bee binti Ariffin - Hakim Mahkamah Tinggi, Kuala Lumpur
8. YA Puan Hadhariah binti Syed Ismail - Hakim Mahkamah Tinggi, Shah Alam
9. YA Dato’ Zakiah binti Kassim - Pesuruhjaya Kehakiman, Mahkamah Tinggi Alor Setar
10. YA Puan Nurmala binti Salim - Pesuruhjaya Kehakiman, Mahkamah Tinggi Pulau Pinang
11. YA Tuan Chew Soo Ho - Pesuruhjaya Kehakiman, Mahkamah Tinggi Pulau Pinang
12. YA Tuan Lee Heng Cheong - Pesuruhjaya Kehakiman, Mahkamah Tinggi Kota Kinabalu
13. YA Datuk Hanipah binti Farikullah - Pesuruhjaya Kehakiman, Mahkamah Tinggi Kuala Lumpu
14. YA Tuan Samsudin bin Hassan - Pesuruhjaya Kehakiman, Mahkamah Tinggi Johor Bahru

Kursus ini telah dibahagikan kepada 2 sesi. Di sesi pertama, setiap peserta membentang tajuk-tajuk perbincangan sebagaimana ditentukan oleh fasilitator. Ia berkaitan dengan kes-kes di bawah Akta Dadah Berbahaya 1952 terutama yang melibatkan peruntukan seksyen 39B serta beberapa peruntukan undang-undang lain yang berkaitan seperti Kanun Acara Jenayah. Tajuk-tajuk perbincangan tersebut seperti berikut:

(i) Meaning of Prima Facie Case and Evaluation of Evidence At The End of Prosecution Case
oleh: YA Tuan Samsudin bin Hassan
(ii) Chain of Evidence / Evidence By Chemist
oleh: YA Dato’ Mohd. Sofian bin Tan Sri Abd. Razak
(iii) Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952)
oleh: YA Dato’ Hinshawati binti Shariff
(iv) Agent Provocateur / Informer
oleh: YA Datuk Yew Jen Kie
(v) Proof of Trafficking By Using Presumptions Section 37 (d), Section 37 (da) and Other Presumptions Under Section 37 of Dangerous Drugs Act 1952
oleh: YA Dato’ Umi Kalthum binti Abdul Majid
(vi) Reasonable Doubt and Evaluation of Evidence At The End of Defence Case - oleh: YA Dato’ Noraini binti Abdul Rahman
(vii) Reduction of Charge By Court
oleh: YA Datuk Nor Bee binti Ariffin
(viii) Section 27 And Section 8 of The Evidence Act
oleh: YA Puan Hadhariah binti Syed Ismail
(ix) Common Intention (Section 34 of The Penal Code)
oleh: YA Dato’ Zakiah binti Kassim
(x) Circumstancial Evidence In Drug Related Cases
oleh: YA Puan Nurmala binti Salim
(xi) Corroboration - oleh: YA Tuan Chew Soo Ho
(xii) Contradiction and Impeachment
oleh: Tuan Lee Heng Cheong
(xiii) Application of Section 422 of CPC and Section 167 of Evidence Act 1950
oleh: YA Datuk Hanipah binti Farikullah
(xiv) Duty of Defence To Put His Case During Prosecution’s Case
oleh: YA Tuan Samsudin bin Hassan
(xv) Adverse Inference Section 114g of Evidence Act
oleh: YA Tuan Kamardin bin Hashim

Di sesi kedua, peserta-peserta telah membincangkan 7 alasan penghakiman perbicaraan jenayah yang berkaitan dengan peruntukan seksyen 39B yang disediakan oleh fasilitator. Peserta-peserta telah dipilih secara rawak pada permulaan sesi kedua untuk membuat pengenalan terhadap kes-kes yang dibincangkan.

A course entitled How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952 was held from 20 - 21 April 2013.

A total of 14 participants attended this course. They were made up of 10 High Court Judges and 4 Judicial Coomissioners. The facilitators were Tan Sri Ahmad bin Haji Maarop, Federal Court Judge; the Hon. Dato’ Sri Haji Mohamed Afandi bin Haji Ali, Court of Appeal Judge; and the Hon. Dato’ Azahar bin Mohamed, Court of Appeal Judge.

This course was divided into 2 sessions. Presentation of discussion topics as determined by the facilitators were related to the Dangerous Drugs Act 1952. Emphasis was given to the section 39B of the said Act as well as other related laws such as the Criminal Procedure Code.The topics of discussion were as follows:

8 grounds of judgment of criminal cases related to section 39B chosen by the facilitators were also discussed. Participants were randomly selected at the beginning of the second session to create an introduction to the 5-minute discussion and followed by a 15-minute discussion.

Kursus “How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952” telah diadakan di Banglo Transit, Presint 10, Putrajaya pada 28 Februari – 1 Mac 2014 (Jumaat dan Sabtu).

Seramai 14 peserta telah menghadiri kursus ini. Ia terdiri daripada 4 Hakim Mahkamah Tinggi dan 10 Pesuruhjaya Kehakiman. Fasilitator yang mengendalikan kursus ini adalah YA Tan Sri Ahmad b. Haji Maarop, Hakim Mahkamah Persekutuan, YA Dato’ Sri Haji Mohamed Apandi b. Haji Ali, Hakim Mahkamah Persekutuan dan YA Dato’ Azahar b. Mohamed, Hakim Mahkamah Rayuan. Senarai peserta adalah seperti berikut 

Kursus ini telah dibahagikan kepada 2 sesi. Di sesi pertama, setiap peserta membentang tajuk-tajuk perbincangan sebagaimana ditentukan oleh fasilitator. Ia berkaitan dengan kes-kes di bawah Akta Dadah Berbahaya 1952 terutama yang melibatkan peruntukan seksyen 39B serta beberapa peruntukan undang-undang lain yang berkaitan seperti Kanun Acara Jenayah. Masa pembentangan adalah selama 10 minit dan disusuli dengan perbincangan oleh peserta selama 15 minit Tajuk-tajuk perbincangan tersebut seperti berikut:

Sesi kedua pula adalah perbincangan terhadap 7 alasan penghakiman perbicaraan jenayah yang berkaitan dengan peruntukan seksyen 39B yang disediakan oleh fasilitator. Peserta-peserta telah dipilih secara rawak pada permulaan sesi kedua untuk membuat pengenalan terhadap kes-kes yang dibincangkan selama 5 minit dan disusuli dengan perbincangan selama 15 minit.

A course entitled “How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952” was held in Putrajaya from 3-4 September 2015 (Thursday and Friday)

A total of 15 participants attended this course comprising 13 High Court judges and 2 Judicial Commissioners. The facilitators were the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal, and 2 Federal Court Judges, namely, the Hon. Tan Sri Ahmad bin Haji Maarop and the Hon. Dato’ Azahar bin Mohamed. The list of participants are as follows:

(i) Meaning of Prima Facie Case The course was divided into two sessions. In the first session, 9 out of 15 participants were selected to present discussion topics as determined by the facilitator. Topics were in relation to cases under the Dangerous Drugs Act 1952, particularly those involving the provision of section 39B, and a number of other related legal provisions such as the Criminal Procedure Code. The time given was 20 minutes for the presentation followed by a 10-minute discussion by the participants. The topics are as follows:

By: The Hon. Datuk Wira Halijah binti Abbas

(ii) Evaluation of Evidence at the End of Prosecution Case
By: The Hon. Dato’ Mohd Yazid bin Haji Mustafa

(iii) Chain of Evidence / Evidence By Chemist
By: The Hon. Dato’ Ahmad Zaidi bin Ibrahim

(iv) Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952) and Agent Provocateur / Informer
By: The Hon. Dr. Sabirin bin Ja’afar

(v) Proof of Trafficking by Using Presumptions [Section 37 (d), Section 37 (da) and Other Presumptions Under Section 37 of Dangerous Drugs Act 1952]
By: The Hon. Dato’ Haji Ahmad Nasfy bin Haji Yasin

(vi) Reasonable Doubt and Evaluation of Evidence at the End of Defence Case
By: The Hon. Dato’ Haji Ghazali bin Haji Cha

(vii) Section 27 and Section 8 of the Evidence Act
By: The Hon. Dato’ Akhtar bin Tahir

(viii) Common Intention (Section 34 of the Penal Code)
By: The Hon. Dato’ Haji Ab. Karim bin Haji Ab. Rahman

(ix) Section 90A of Evidence Act 1950 (Principles and Application)
By: The Hon. Datuk Siti Mariah binti Haji Ahmad

In the second session, participants were divided into 3 groups of 5 members each. They were tasked with discussing the reasons for the judgment of a given case. At the end of this session, one participant from each group presented the findings of strengths and weaknesses of the grounds of judgment and this was followed by a presentation from a different participant on the reasons for the judgment prepared by the group based on the case.

The course entitled “How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952” was held at the Transit Bungalow, Precinct 10, Putrajaya on 7 - 8 April 2012 (Saturday - Sunday).

The facilitators for this course were The Hon. Dato’ Ahmad bin Haji Maarop, Federal Court Judge; The Hon. Dato’ Azahar bin Mohamed, Courtof Appeal Judge and The Hon. Datuk Wira Mohtarudin bin Baki, Court of
Appeal Judge.

A total of 12 judges attended this course comprising 8 High Court Judges and 4 Judicial Commissioners as follows:

1. YA Dato’ Haji Abdul Halim bin Aman High Court Judge, Johor Bahru
2. YA Dato’ Abdul Alim bin Abdullah High Court Judge, Shah Alam
3. YA Dato’ Haji Ghazali bin Haji Chae High Court Judge, Kuala Lumpur
4. YA Dato’ Mariana binti Haji Yahya High Court Judge, Kuantan
5. YA Tuan Haji Azman bin Abdullah High Court Judge, Kota Bharu
6. YA Dato’ Haji Mohd Yazid bin Haji Mustafa High Court Judge, Kuala Terengganu
7. YA Dato’ Akhtar bin Tahir High Court Judge, Shah Alam
8. YA Dato’ Rhodzariah binti Bujang High Court Judge, Kuching
9. YA Dato’ Dr. Haji Hassan bin Ab. Rahman Judicial Commissioner, Ipoh High Court
10. YA Tuan Mohd Zaki bin Abd. Wahab Judicial Commissioner, Ipoh High Court
11. YA Tuan Gunalan a/l Muniandy Judicial Commissioner, Ipoh High Court
12. YA Datuk Douglas Cristo Primus Sikayun Judicial Commissioner, Ipoh High Court

A total of 12 topics related to cases under the Dangerous Drugs Act 1952 especially cases involving section 39B as well as other provisions were presented by the course participants and discussed. The discussion
titles are as follows:

(i)Meaning of Prima Facie Case
By: YA Dato’ Haji Abdul Halim bin Aman
(ii)Chain of Evidence / Evidence By Chemist
By: YA Dato’ Mariana binti Haji Yahya
(iii)Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952)
By: YA Dato’ Akhtar bin Tahir
(iv)Agent Provocateur / Informer
By: YA Dato’ Abdul Alim bin Abdullah
(v)Proof of Trafficking By Using Presumptions Section 37 (d), Section 37 (da) and Other Presumptions Under Section 37 of Dangerous Drugs Act 1952
By: YA Dato’ Rhodzariah binti Bujang
(vi)Reasonable Doubt
By: YA Tuan Gunalan a/l Muniandy
(vii)Burden of Proof
By: YA Datuk Douglas Cristo Primus Sikayun
(viii)Evaluation of Evidence At The End of Presecution Case
By: YA Tuan Haji Azman bin Abdullah
(ix)Evaluation of Evidence At The End of Defence Case
By: YA Dato’ Haji Mohd Yazid bin Haji Mustafa
(x)Reduction of Charge
By: YA Dato’ Haji Ghazali bin Haji Cha
(xi)Section 27 And Section 8 of The Evidence Act
By: YA Tuan Mohd Zaki bin Abd Wahab
(xii)Common Intention (Section 34 of The Penal Code)
By: YA Dato’ Dr. Haji Hassan bin Ab. Rahman

Apart from this, 2 grounds of judgment from 2 participants were presented and discussed. The participants also discussed 6 grounds of judgment for criminal trials relating to section 39B which were prepared by the facilitators.

Kursus “How to Deal with Cases Under Section 302 of the Penal Code” telah diadakan di Putrajaya pada 18-19 September 2014 (Khamis dan Jumaat).

Seramai 16 peserta telah menghadiri kursus ini yang terdiri daripada 7 Hakim Mahkamah Tinggi dan 9 Pesuruhjaya Kehakiman. Fasilitator yang mengendalikan kursus ini adalah YA Tan Sri Ahmad b. Haji Maarop, Hakim Mahkamah Persekutuan, YA Tan Sri Haji Mohamed Apandi b. Haji Ali, Hakim Mahkamah Persekutuan dan YA Dato’ Azahar b. Mohamed, Hakim Mahkamah Persekutuan. Senarai peserta kursus ini adalah seperti berikut:

Kursus ini telah dibahagikan kepada 2 sesi. Di sesi pertama, setiap peserta membentang tajuk-tajuk perbincangan sebagaimana ditentukan oleh fasilitator. Ia berkaitan dengan kes-kes di bawah Kanun Keseksaan (Penal Code) [Akta 574] dan beberapa peruntukan undang-undang lain yang berkaitan seperti Akta Keterangan 1950 (Evidence Act 1950) [Akta 56]. Masa pembentangan adalah selama 15 minit dan disusuli dengan perbincangan oleh peserta selama 10 minit. Tajuk-tajuk perbincangan tersebut seperti berikut:

Sesi kedua pula merupakan perbincangan terhadap alasan penghakiman perbicaraan jenayah yang berkaitan dengan peruntukan seksyen 302 Kanun Keseksaan yang disediakan oleh fasilitator. Peserta-peserta telah dipilih secara rawak pada permulaan sesi kedua untuk membuat pengenalan terhadap kes-kes yang dibincangkan selama 5 minit dan disusuli dengan perbincangan selama 15 minit.

*NO ENGLISH TRANSLATION

The course 'How to Deal with Cases Under Section 302 of the Penal Code' was held in the Palace of Justice, Putrajaya at 31 March - 1 April 2017 (Friday and Saturday).

A total of 16 participants attended the course, which consists of 7 Judges of the High Court and 9 Judicial Commissioners. Facilitators were facilitating the course is The Right Honourable Tan Sri Ahmad bin Haji Maarop, Chief Judge of the High Court of in Malaya, The Honourable Tan Sri Azahar bin Mohamed, Federal Court Judge and The Honourable Dato 'Setia Mohd Zawawi bin Salleh, Court of Appeal Judge.

The course was divided into two sessions. In the first session, 13 participants have presented discussion topics as defined by the facilitators related to cases under the Penal Code [Act 574] and some provisions of the law applicable such as Evidence Act 1950 [Act 56]. Time given for presentation is 10-minutes followed by a discussion by participants for 15 minutes.

The second session was a discussion of the judgment writing of a criminal trial in connection with the provision of section 302 of the Penal Code provided by the facilitator. Participants were selected to make a recognition to the cases which were discussed for 5 minutes, followed by 15 minutes of discussion.

An introductory course entitled “Induction Programme for Judicial Commissioner” has been held from 15 to 22 December 2015 in The Secretary’s Office, Judicial Appointments Commission, Palace of Justice, Putrajaya. The course’s primary objective is to prepare and enlighten the newly appointed Judicial Commissioners (JCs) on their duties, responsibilities and best practices.

A total of 10 newly appointed JCs attended the course, and a total of 12 papers have been presented by a panel of speakers consisting of Senior Judges, namely the Federal Court Judges, Court of Appeal Judges and High Court Judges. The papers presented are Judge Craft, Case Management, Conducting Trial and Hearing, Capital Offences, How to Read Statute, Practical Approach to Judgment Writing, Family Law, Mediation, Land Acquisition, Civil Procedure: Salient Features of the Rules of Court 2012, High Court Special Powers and Salary, Allowances and Benefits for Judges.

“Induction Programme for Judicial Commissioners” was held on 25th-28th November 2019 (Monday-Thursday) at the Secretary’s Office, Judicial Appointments Commission, Palace of Justice, Putrajaya. The objective of this programme is to expose the participants the scope and areas of work and best practices that must be followed when fulfilling their duties and responsibilities as Judicial Commissioners.

This course was conducted in the form of lectures with a total of 16 topics presented by senior judges namely “Practical Approach to Judgment Writing and Importance of Language”; “Salient Features of the Rules of Court 2012”; “When to Recuse”; “Committal Proceedings”; “Adjudicating Cases and Reduction of Charges under Section 302 of the Penal Code”; “Dealings with Conflict and Unexpected Contentious Situations”; “Case Management in Civil and Criminal Cases”; “Adjudicating Cases under Security Offences (Special Measures) Act 2012 (SOSMA)”; “Assessing the Credibility and Reliability of Evidence”; “Criminal Law: Evidence and Procedure”; “Judge Craft”; “E-Court System and Practical”; “Adjudicating Trafficking of Drugs Cases under Section 39B of the Dangerous Drugs Act 1952”; “How to Read Statutes”; “Business of Judging: Practical Workshop”; dan “Salary, Allowance and Benefits for Judges”.

A total of 15 candidates to be appointed as Judicial Commissioners have attended this course, namely YBhg. Datuk Haji Aslam bin Zainuddin, YBhg. Dato’ Norsharidah binti Awang, YBhg. Dato’ Rohana binti Abd Malek, YBhg. Dato’ Julie Lack, YBhg. Dato’ Fredrick Indran X.A. Nicholas, Encik Tee Geok Hock, Encik Wong Siong Tung, Encik Khairil Azmi bin Haji Mohamad Hasbie, Encik Leonard David Shim, Encik Nadzarin bin Wok Nordin, Encik George Varughese, Encik Quay Chew Soon, Encik Wong Hok Chong, Encik Atan Mustaffa Yussof Ahmad, and Encik Anand Ponnudurai.