Bar Council, judiciary to work on reviving e-bail system

Legal fraternity concerned that sudden termination of e-Jamin will have severe impact on accused persons, particularly from B40 group

5:34 PM MYT

 

KUALA LUMPUR – The Bar Council and chief registrar of the Federal Court have agreed to collaborate on reviving an electronic bail system following the discontinuation of e-Jamin on May 19.

The Bar, in a circular to its members, said it did not succeed in obtaining a postponement of e-Jamin’s termination during a meeting with the chief registrar, Zamri Bakar, yesterday. 

Neither could the judiciary accommodate requests to limit the use of the conventional bail system to new users while allowing existing users to continue using e-Jamin.

“However, the judiciary is agreeable to the Bar Council’s proposal to work together to reinstate or replace the existing platform in the near future,” the Bar’s circular, dated today, said.

The circular, which was shared with Scoop, said the Bar Council, during its meeting with the chief registrar, had explained the problems that would arise once e-Jamin is stopped

“The Bar Council raised several concerns, including the ramifications of terminating e-Jamin and the potential impact on accused persons, particularly those from the B40 group, who might face prolonged incarceration due to the administrative change,” the circular said.

The directive to stop the e-Jamin system and transfer all funds and accrued interest to the Prime Minister’s Consolidated Funds from May 19 was ordered by the judiciary, the company managing the system, Pertama Digital Bhd, said in a bourse filing yesterday.

The requirement to discontinue the e-Jamin system and revert to traditional bail processes was also set for the same date. 

The online bail solution system, which was the first of its kind in Malaysia and Southeast Asia, was launched in 2020 to speed up the posting of bail for court cases nationwide. 

The initiative allowed bailors to make payments within 30 minutes and post bail via mobile devices or laptops without having to go through tedious travels between the courts and banks to open a surety account. 

Bail money would later be refunded to bailors’ bank accounts within a short time frame after a case’s conclusion.

In view of e-Jamin’s termination in two days’ time, the Bar Council’s circular today advised lawyers to seek extension from the courts and make arrangements with accused persons where necessary for the posting of bail.

It also advised lawyers to apply to the court for deferments if necessary.

“The Bar Council will actively collaborate with the relevant authorities, and the judiciary, including state courts, to facilitate a smooth transition and prevent any adverse impact on the public. 

“Members are also urged to report any challenges they encounter by detailing their feedback of the court matter and the banks concerned,” it said. – May 17, 2024

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