Rizal Faisal
As the inauguration of the Legal Year 2023 took place in full pomp yesterday, members of the legal fraternity gathered, discussing issues and developments in delivering justice and upholding the rule of law, with Brunei Darussalam Supreme Court Chief Justice Dato Seri Paduka Steven Chong presiding.
Dato Seri Paduka Steven Chong highlighted that “the Court will not hesitate to take firm action when necessary to uphold public confidence in the administration of justice and in the integrity of the legal profession in order to protect the public who are dependent on the services of solicitors”.
The Chief Justice made this statement in reference to a recent case involving a senior member of the Bar who was struck off from practice to reflect the seriousness of the misconduct.
The statement was met with a reply by Attorney General Dato Seri Paduka Haji Ahmad bin Pehin Orang Kaya Laila Setia Bakti Di-raja Dato Laila Utama Haji Awang Isa who cited His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, Sultan and Yang Di-Pertuan of Brunei Darussalam in a titah at the special meeting of Cabinet Ministers on July 4, 2022.
The Attorney General noted that in the titah, the monarch emphasised that “no one is above the law”.
“Adherence to the Rule of Law is one that takes commitment and determination. It is the foundational principle upon which the legal fraternity stands but more than that, it is the thread that weaves together our society, securing the economic prosperity and national development of our country along with the welfare of the people in it,” Dato Seri Paduka Haji Ahmad said.
He elaborated that the Rule of Law can be followed by observing equal treatment and accountability under the law; clear and fair processes for enforcing these laws; and accessible and impartial justice.
On the Attorney General’s Chambers’ (AGC) vision, “Excellence in Legal Service”, the Attorney General pledged to foster closer cooperation with government institutions to give guidance on the formulation of their policies and practices as well as the enforcement of their statutory powers and duties to ensure they are performed within the ambit and principles of the law.
“One such training is the Basic Prosecution Course for law enforcement agencies, focussing on government officers involved in investigations and prosecutions of criminal matters.
“This course aims to increase the quality of investigation and prosecution as a whole and to develop the knowledge and personal skills and confidence of the individual officers,” the Attorney General said.
The Attorney General has also laid out plans for his chambers to embark on organising a series of talks with relevant stakeholders and carry out more public outreach programmes on various fields of the law, such as sexual offences, narcotics offences, corruption and money laundering.
“Another initiative embarked by the AGC for closer cooperation has been to prepare guidelines and manuals to assist implementers of the law and enforcement agents in the performance of their duties and carrying out their powers such as the recently launched guideline for law enforcement agencies on ‘how-to’ processes to facilitate the recovery of criminal proceeds; now available on the AGC website,” the Attorney General announced.
At this stage the guidelines include red flag indicators to kick-start parallel financial investigations; referral of financial investigations to deputy public prosecutors (DPPs); interagency cooperation and mutual legal assistance; interim orders; confiscation proceedings and preparing an affidavit.
“We continue to work together with the Law Society by engaging with them during the drafting process involving matters of public interest such as the amendments to the Land Code and welcome their views. In addition to this, the AGC together with the Law Society have also drafted a ‘Code of Practice for the Conduct of Criminal Proceedings by the Prosecution and the Defence’,” Dato Seri Paduka Haji Ahmad said.
The Attorney General said it will outline best practices guidelines in the conduct of criminal proceedings in the Sultanate while hoping it will aid the court process and ensure fair and prompt trials.
Meanwhile, Law Society President Haji Mansur bin Dato Paduka Dr Haji Latif, who is in his last tenure leading the organisation, in reply to the Chief Justice’s call for integrity in practice, said he has set out objectives to achieve this. He mentioned amending and improving practice etiquette rules.
“We must uphold, maintain and enhance the standards of professionalism and ethical conduct in our profession, with integrity, honesty and independence,” he said. He added that the Law Society is embarking on amending the complaint proceedings against advocates and solicitors, forming a committee to filter “frivolous and vexatious” complaints, with only “meritorious” complaints forwarded to the Inquiry committee.
Haji Mansur also discussed continuing professional development for the conquest of knowledge beyond pupillage.
In achievements for the legal fraternity in private practice, Haji Mansur shared the achievements of a group of young lawyers at the Essex Court Chambers and the Singapore Academy of Law International Mooting Competition in Singapore recently. With this achieved in the international arena, he urged to develop young lawyers at home.
A train the trainers course is slated to be held this year aiming to create a pool of skilled trainers to conduct future advocacy courses, with the aid of overseas trainers who offer experience and knowledge in advocacy.
The Law Society president also touched on having forwarded a proposal for the amendments to the Land Code (Amendment) Order 2016, hoping that when the amendments are made it will give clarity on the subject of transfer, acquisition and retention of landed property.
