“COURT ETIQUETTE AND DRESS CODE FOR WITNESSES, JURORS, AGENTS AND COURTROOM SPECTATORS,ETC”
Jeong Chun Phuoc
The issue raised in “Courts: Have dress code for accused and witnesses”(NST, 1 March 2011) is not something new since the sensational trial of Mona Fendy who set a kind of a ‘˜haute couture’ in dress code precedent in the Malaysian Court.
It is therefore interesting to note today that there is still no clear guidelines concerning the dress code for witnesses, jurors, agents and courtroom spectators,etc.
The Registrar’s Circulars (Pekeliling Pendaftar) from 1946 to 2005 specified several guidelines pertaining to clothing and judicial uniforms,etc. These are :
Pekeliling Pendaftar (A) 1/80- Court Attire for Presidents of Sessions Courts
Pekeliling Pendaftar Bil.(A) 4/1980-Pakaian Pendaftar di dalam Mahkamah
Pekeliling Ketua Pendaftar No. 6/90- Pakaian Hari Kerja
Pekeliling Ketua Pendaftar No. 7/90- Pakaian Seragam
and
Pekeliling Pendaftar Bil.(A) 4/1980-Pakaian Pendaftar di dalam Mahkamah
Interestingly, there are no clear guidelines on the dress code for witnesses, jurors, agents and courtroom spectators,etc except for this :
Pekeliling Ketua Pendaftar Bil. 3 Tahun 1995 – Kehadiran Anggota Pasukan Polis Sebagai Saksi Di Mahkamah
But the above ‘˜Pekeliling’ does not deal with the dress code specifically. Interesting enough, other related matters were addressed such as :
Pekeliling Ketua Pendaftar Bil. 1 Tahun 1999 – Larangan Membawa Masuk Telefon Bimbit Ke Dalam Bilik Perbicaraan Mahkamah
and
Pekeliling Ketua Pendaftar No. 3 Tahun 1992- Larangan Merokok, etc.
In the US, the Dress Code for witnesses, jurors, agents and courtroom spectator,etc in the US Courts of New Mexico are provided for as follows :
DRESS CODE
Notice to all witnesses, jurors, agents and Courtroom spectators.
1) men should wear a shirt with a collar and long pants (jeans are acceptable).
2) women should wear a dress, or a blouse and Skirt, or a blouse and long pants (jeans are Acceptable).
3) all laypersons should wear shoes in the Courtroom. Thongs are not acceptable.
4) shorts, t-shirts, and revealing clothing (which reveals the midriff or underclothing) Are not acceptable.
5) hats or caps must be removed while in the Courtroom.
Deviations from the above standards by laypersons (other than those who are in custody at the time of the proceeding) should be brought to the attention of court personnel and approved by the court prior to entering the courtroom.
The above is just a mere guideline or a minimum standards regarding appropriate dress that must be observed before entering the courtroom.
In any event, it is up to the presiding Judge to decide if any dress code has been observed, violated or otherwise. The discretion lies in the hands of the presiding Judge.
I believe, if the presiding Judge feels that the proper dress code has not been observed, he could order the witnesses, accused, etc ie Hau Yuan Tyng(who dressed up like a Ninja with sunshade, a hood and a face mask), the attire of the two policemen(who were charged with the murder of Altantuya Shaariibuu) to leave the court and return to court with appropriate attire/dress code, if so required.
Perhaps, it is time the Malaysian Court issue clear Dress Code/guidelines in this regard to resolve any misunderstanding or confusion in the course of the proceedings in Courts.
……………………………..
Jeong Chun Phuoc
Lecturer-in-Law,
An advocate in Strategic Environment and Taxation Intelligence(SETI),
an advocate in Syariah Blue Ocean Strategy(sBOS) in ASEAN,
a Reader in Syariah Intelligence(CSI)
He can be reached at Jeongphu@yahoo.com
**The above professional analysis is the writer’s personal view and in no way represent the view/position of
the research institutes/thinktanks/organisations to which he is currently attached to.
