A-G wants same costs given to govt

PUTRAJAYA: The federal government should be paid costs for court proceedings similar to private parties, said Attorney-General Abdul Gani Patail.

He said currently, the case count showed that in far too many cases, the costs awarded were low, or the deposit for filing an appeal was awarded to the Federal Government, in lieu of a separate payment of costs.

In his speech at the opening of the Legal Year 2014 here today, he said in most circumstances, the costs awarded to the Federal Government did not even cover the fees payable for the attendance of witnesses in court.

He emphasised that in certain public interest cases, the federal government did not even ask for costs and that it had even gone to the extent of waiving its right to costs, especially in cases involving the interpretation of constitutional and statutory provisions, or where the federal government or the attorney-general had intervened in its role as the guardian of public interest.

“Our submission is premised on the fact that the Government Proceedings Act 1956 places the federal government on equal footing with private parties on the issue of cost awards.

“Thus, while due respect is accorded to the discretionary powers conferred upon the courts on this matter, the federal government asks that it be treated no less favourably than any private party when costs are awarded.

“We therefore, respectfully submit that in all future cases, costs ought to be awarded to the federal government, in the same manner as they are awarded to private parties,” he said.

Meanwhile, Abdul Gani, who is also Yayasan Bantuan Guaman Kebangsaan (YBGK) chairman, said the commitment of 1,075 YBGK panel lawyers nationwide had enabled

assistance to be rendered to 140,761 people last year.

“The figure represents work undertaken in 5,977 arrest cases, 110,590 remand hearings, 20,804 mitigation and bail hearings, as well as 3,390 trials throughout Malaysia,” he said.

Abdul Gani said YBGK was currently considering expanding the scope of its services to the provision of legal aid in domestic violence cases.

At the event, Malaysian Bar president Christoper Leong said in his speech that the question of awards of costs to litigants in election petitions should be looked into since there were awards of costs ranging from about RM40,000 to RM140,000.

“The Bar is keen to propose that the concept of protective cost orders be introduced, in respect of public interest litigation in appropriate cases, so as to facilitate access to justice,” he said.

– Bernama