
Attorney-General Dusuki Mokhtar said the proposal requires a detailed assessment to determine whether it can be implemented effectively, Berita Harian reported.
“The AGC is examining the proposal. If established, it should be implemented within the current legal framework,” he was quoted as saying.
He was responding to the proposal by Universiti Malaya law lecturer Haezreena Begum Abdul Hamid for a mixed panel to deliberate on such compensation claims.
However, Malaysian Muslim Lawyers Association secretary-general Danial Farhan said establishing a special tribunal would take time, requiring legal amendments, administrative structures, tribunal appointments and new procedures.
He suggested mediation as a faster, more practical and cost-effective option without the need to form a tribunal.
On Wednesday, Dusuki ordered all deputy public prosecutors to apply for the courts to order compensation for the victims of crimes, including those killed by motorists driving under the influence.
Hesaid Section 426 of the Criminal Procedure Code gives courts the authority to order convicts to make a payment of costs for prosecution and compensation to victims or their next of kin.
Such an order may be made in addition to a sentence, to compensate the aggrieved party and ensure victims and their families receive adequate compensation under the law.
Section 426 states that the court must consider the nature of the offence, the injury or expenses sustained by the victim, the damage or loss of property suffered, the loss of income incurred by the victim and victim’s family, and the convict’s ability to pay compensation.
Former Bar president Salim Bashir was reported to have said yesterday that offenders convicted in the lower courts may face longer custodial sentences if a proposal to secure compensation for victims is implemented.
He said that imposing an additional jail term on convicted persons for failing to comply with monetary orders, including compensation payments, due to extreme poverty could be seen as a regressive move.
This could, in turn, have wider implications on a convict’s family, particularly if he is the sole breadwinner.