World · Malaysia Bureau
Only courts can draft orders in criminal cases, says Shafee
Senior lawyer Muhammad Shafee Abdullah has clarified that legal practitioners have no authority to draft court orders, citing the case of a discharge order dated November 6 involving former Prime Minister Najib Razak.
LSN Malaysia ·

Muhammad Shafee Abdullah, a prominent criminal defence lawyer, has stressed that the drafting of court orders in criminal proceedings is the exclusive prerogative of the judiciary. His remarks came in reference to a discharge order related to Najib Razak that was dated November 6, underscoring the importance of proper legal procedure in such matters.
Shafee's statement serves as a clarification on the roles and responsibilities of different parties within Malaysia's criminal justice system. The distinction between judicial authority and legal representation is fundamental to ensuring the integrity of court proceedings and maintaining the rule of law.
The lawyer's remarks highlight potential confusion or irregularities that may have arisen in the handling of court documents, particularly in high-profile cases. His intervention underscores the need for strict adherence to established procedures when it comes to the issuance and drafting of judicial orders.
The clarification is significant given the sensitivity surrounding cases involving prominent political figures in Malaysia. It reinforces the principle that all court orders must originate from the bench, regardless of the status or profile of the individuals involved in the proceedings.