Upholding peace and stability through legal excellence
Beyond delving into legal complexities, the Attorney General’s Chambers’ (AGC) role is in maintaining peace and stability in Brunei. Aligned with the vision of achieving excellence in legal service to uphold the rule of law, the AGC plays a pivotal part in bolstering the government’s initiatives to guarantee social security, fair governance, and accountability.
This dedication was reiterated in a titah previously made by 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 underscoring the responsibility and authority of authorities to address crimes through due process.
The aforementioned point was emphasised by Brunei Darussalam’s Attorney General Dato Seri Paduka Haji Ahmad bin Pehin Orang Kaya Laila Setia Bakti Di-Raja Dato Laila Utama Haji Awang Isa during the Opening of the Legal Year 2024.
Apart from upholding traditions, the opening of the Legal Year serves as a testament to advancements and functions as a platform for addressing issues and initiating discussions on challenges encountered in the legal field.
This encompasses the judiciary, hosts of the inaugural ceremony, the AGC, and the patron of private practitioners – the Law Society.
LEGAL REVOLUTION
Given the rise of generative artificial intelligence (AI) and its influence on the legal profession, it is crucial to ensure the responsible and ethical utilisation of AI, maintaining the legal professional standards of honesty and integrity.
The Brunei Darussalam Supreme Court Chief Justice Dato Seri Paduka Steven Chong emphasised this particular concern among several others during the Opening of the Legal Year 2024.
“This comes in response to the increasing adoption and use of AI such as ChatGPT and its ability to generate original content in response to user prompts,” he said.
Furthermore, there is a call for the Chief Registrar’s Office, the AGC and the Law Society to collaboratively examine and address the issues and apprehensions related to the use of AI. This exploration is particularly pertinent as AI has the potential to revolutionise the functioning of the legal profession, especially in domains like contract review, legal research, and the drafting of legal documents. During his speech, the Chief Justice also highlighted the challenges encountered in persuading practitioners to undertake legal aid assignments for capital cases.
He advocated for the implementation of a “mandatory Continuing Professional Development (CPD) scheme” to incentivise legal aid programmes.
ELEVATED STANDARDS
The chief justice had also stressed the importance of encouraging practitioners to attain core competencies at various stages of their legal practice, aiming to uphold elevated professional standards.
Establishing rules governing conduct concerning fees and the professional obligation to furnish clients with comprehensive information regarding fees, highlighted the chief justice, is also of great importance, as he advocated for the implementation of rules regarding adequate professional services, aiming to set standards for client care.
This, he argued, would ensure that lawyers maintain fairness and transparency when billing clients for the services they provide.
Underscoring the court’s fundamental principles during a recent criminal appeal, the chief justice cited that the respondent sought an in-camera delivery of the judgement from the Court of Appeal.
Despite the refusal of the application, the Court of Appeal directed that there should be no public disclosure of the victims’ names or any details that could potentially reveal their identities.
“Judges and judicial officers maintain the rule of law and administer civil and criminal justice according to the law.
“In so doing, judges and judicial officers must bear in mind a number of fundamental principles such as judicial independence, impartiality, fairness, transparency and competence,” the chief justice said.
He emphasised that the public has the opportunity to attend open court hearings in alignment with the principle of open justice.
Judges and judicial officers preside in open court, elucidating the rationale behind their decisions and remaining subject to scrutiny by a higher court.
Consequently, the Judiciary’s operations are transparent, open to public examination, and contribute to a system of accountability that aligns with judicial independence.
“The judiciary remains steadfast in upholding these fundamental principles, striving to ensure an efficient, effective, fair, and accessible administration of justice.
“Upholding the rule of law is intrinsically linked to fostering societal respect for the legal system and instilling public trust and confidence in the judiciary,” emphasised the Chief Justice.
MEANINGFUL DIFFERENCE
Law Society of Brunei Darussalam‘s Nur ‘Azizah binti Dato Seri Paduka Haji Ahmad directly addressed chief justice on issues pertaining to legal aid cases involving private practitioners.
Reflecting on the society’s community outreach, she highlighted the significance of the monthly legal aid clinic, witnessing a growing public attendance.
Expressing gratitude to members volunteering time and support, she stressed the programme’s success hinged on active participation.
“We all have the ability to have profound impact beyond the walls of our offices and the court room.
“I urge members of the bar to seize the opportunities available to give back to the community by taking part in our legal aid clinic or other legal aid programmes – such as the one in place for capital cases,” Nur ‘Azizah iterated.
She underscored that such participation extends beyond noble aspirations; it represents tangible commitments to justice and a duty to serve the greater good.
“By offering our time, skills, and resources through volunteerism, we can make a meaningful difference in the lives of those who need it most,” she said, while anticipating continued support and looking forward to Law Society members participating in the upcoming legal aid clinic, set to commence this month. – Rizal Faisal
