Circular No 147/2009
Dated: 21 May 2009
All Members of the Bar and Pupils in Chambers
Legal Aid Lawyers to Report to Brickfields Police Station, Kuala Lumpur – 10 a.m. Friday 22 May 2009
The (5) Legal Aid Lawyers who were arrested on 7 May 2009 are presently on police bail and they have been asked to report to the Brickfields Police Station, Kuala Lumpur, at 10 a.m. on Friday, 22 May 2009. Members of the Bar and Pupils in Chambers are invited to turn up at the police station to show their solidarity with the (5).
The (5) members of the Bar Council Legal Aid Center (KL) – Fadiah Nadwa binti Fikri, Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal and Syuhaini binti Safwan were arrested when they went to the Brickfields police station and in their capacity as Advocates & Solicitors attempted to gain access to (14) persons detained earlier that night in connection with a candlelight vigil.
On 20 May 2009, Ragunath Kesavan, President of the Malaysian Bar presented a memorandum to SUHAKAM Commissioner, Datuk Dr. Chiam Heng Keng calling upon SUHAKAM to conduct a public inquiry into the arrest of the (5) Bar Council Legal Aid lawyers.
On 19 May 2009, the President issued a Press Statement in which he responded to criticisms against the Malaysian Bar by the Minister for Home Affairs, the Inspector-General of Police and the Minister in the Prime Minister’s Department.
We are in the process of preparing a memorandum to the Prime Minister and also looking into the possibility of filing a suit in relation to Section 28A (4) of the Criminal Procedure Code (CPC).
An arrested person’s right of access to a legal practitioner is guaranteed by Section 28A (4) of the CPC and Article 5(3) of the Federal Constitution and this made it incumbent on lawyers to try to see their clients at police stations. The Bar Council will continue to pursue this issue and protest any action by the police, which seeks to discourage lawyers from being present at police stations to assist detained persons. Towards this end we look forward to your continuing support.
Thanking you.
George Varughese
Secretary
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