Govt to conduct detailed study on Public Defender’s Act


AN in-depth research will be conducted by 10 public and private universities to determine the best practices for the proposed Public Defender’s Act for criminal cases, says Datuk Seri Azalina Othman Said.

The Minister in the Prime Minister’s Department (Law and Institutional Reforms) said the study would compare similar laws in other countries such as Australia, New Zealand and Taiwan to provide input for the Act.

“To ensure the public receives proper legal aid services for criminal cases, the study will comprise academicians from 10 public and private universities’ law faculties, namely Universiti Malaya, Universiti Kebangsaan Malaysia, Universiti Utara Malaysia, Universiti Teknologi Mara, International Islamic University Malaysia, Universiti Sultan Zainal Abidin, Universiti Sains Islam Malaysia and the Malaysia Multimedia University.

“All input received from the study will be refined before the government finalises the parameters of the Act,” she told the Dewan Rakyat yesterday.

Azalina (BN-Pengerang) was responding to a question by Datuk Seri Takiyuddin Hassan (PN-Kota Baru) on the possibility of enacting the Public Defender’s Act to provide legal aid services for the underprivileged in criminal cases.

She added that an engagement session was held in April, in collaboration with the Legal Aid Department, National Legal Aid Foundation and Bar Council with stakeholders and experts at the Asian International Arbitration Centre, to gather feedback to improve the legal aid system.

The fate of the National Legal Aid Foundation (YBGK) will depend on the outcome of the study.

“The commitment to hold the engagement session with stakeholders and the research is to find both short- and long-term solutions for the justice system, hence I cannot say what will happen to YBGK.

“The engagement session and study will provide a foundation for the government to decide on the implementation of the policy, so I need to wait for the findings from the experts to know if YBGK will be included, separated or continued,” she said.

She was replying to a supplementary question by Takiyuddin who wanted to know whether the Act would overlap with the YBGK, which has been providing legal aid to the underprivileged since 2011.

“YBGK, which is a limited guarantee company, has been serving for more than 11 years and has represented criminal cases.

“It has unpaid legal aid fees of more than RM10mil,” Takiyuddin claimed.

Azalina said she had yet to receive any official letter from YBGK on unpaid legal fees.

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