Malaysia | Most foreigners charged with petty crimes do not need interpreters, say lawyers

PETALING JAYA: Most foreigners who are charged with petty crimes do not require the assistance of interpreters as they understand Bahasa Malaysia, criminal lawyers said.

They said counsel would act as interpreters and also explain the nature and consequences of the charges, a key prerequisite in criminal law procedure, when they claim trial or plead guilty.

The lawyers said a certified interpreter must be made available if foreigners were charged with offences that carried the death penalty or a long prison term.

Lawyer T Harpal Singh noted that interpreters were required to be made available under the law to assist in criminal proceedings, even if it involved petty crimes.

However, he said foreigners, especially those from South Asian countries, were able to converse quite well in the national language when produced in court.

This made it easier for magistrates and Sessions Court judges to dispose of cases and dispense justice expeditiously because the accused could follow proceedings in Bahasa Malaysia

Harpal said he had also observed foreigners assisting the immigration court judges when nationals from their country were charged.

“The foreigner who has picked up Bahasa Malaysia often turns into an interpreter for the accused who is not conversant in the language,” he said.

He was responding to the case of an Indian national who was ordered to be remanded in jail as there was no interpreter available to explain the charges to him.

Tufail Ahmad, 35, was charged at a Magistrate’s Court on April 24 with violating the movement control order.

The magistrate fixed his case for mention on June 12, meaning Tufail would be in prison for 49 days before being brought to court again

Tufail will be produced before a magistrate tomorrow for bail application after his case was brought to the attention of the Malaysian Bar.

FMT understands a lawyer was there to represent Tufail but it is unclear why the magistrate ordered the accused to be sent to jail.

Lawyer KA Ramu said a certified interpreter was required only when a person is charged with a crime involving capital punishment like murder or dadah trafficking.

“The entire proceedings could be declared a nullity as an accused person must be able to understand what is happening in court,” he said.

Ramu said the Federal Court would make arrangements to obtain the services of interpreters in death penalty cases.

He said it was also advisable to engage interpreters for accused persons charged with rape, even if unrepresented, as it carried a jail term of up to 30 years and whipping.

Meanwhile, a court official said it was costly for the government to obtain the services of interpreters for serious crimes as trials could run for days .

“The Federal Court registry has a list of people who go on circuit nationwide to assist in proceedings. It may cost up to RM500 a day as it includes lodging and travel expenses,” the official said.

The official, who spoke on condition of anonymity, also said foreigners were quick to pick up Bahasa Malaysia and it greatly helped in the disposal of cases without the aid of interpreters.

Source: freemalaysiatoday.com, V Anbalagan, May 3, 2020

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