Specialised judges needed for cyber court

Reposted from The Star Online

22 July 2016

KUALA LUMPUR: Heralding the proposed Special Cyber Court to oversee criminal offences under the country’s cyber laws as timely, the legal fraternity has called for experienced and trained judges on cyber laws to preside over these courts.

Datuk Jagjit Singh, a former Sessions Court judge and law firm partner, said it was good to have a specialised court in any area of law.

“We must have a judge having vast knowledge in cyber law as it will expedite the proceedings in court.

“The judge will be familiar in the law and appreciate the submissions and arguments put forward by the litigation teams that could involve companies or individuals,” said Jagjit, who retired after serving 38 years in the Government.

Lawyer Salim Bashir concurred, saying judges with expertise to hear such cases would be able to judge such cases properly.

Fellow lawyer Nizam Bashir said such courts would be “quite unique” and allow development of cyber laws.

Another lawyer Jadadish Chandra said the court would need a “specialised judge” due to the peculiarity of cyber laws.

“We have a construction court, Islamic banking court, IT court, traffic court, family court, why not a cyber court? But, the charging for cyber law cases must be done carefully,” he said.

Ideally, he said, a highly qualified judge who has a degree in law and information technology should preside over such cases.

Lawyer Lai Chee Hoe said the judiciary must provide proper training to the judge to hear such cases.

“They will understand the factors, circumstances, legal, technology and innovative terms when hearing such cases,” said Lai.

Minister in the Prime Minister’s Department Datuk Seri Azalina Othman said the proposed Special Cyber Court would operate like other special courts with the first phase to commence in Kuala Lumpur in September, followed by Selangor and Johor.

She said the Government felt the time was right for the Special Cyber Court following rising incidences of cyber attacks such as hacking, online scams, botnets, web defacement, information theft, spying, cyber gambling and pornography.

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