Lawyers: Police abused CPC provisions
Written by Melody Song, The Edge
The Malaysian Bar Council criticised the police for disallowing the five lawyers who were arrested Thursday night to legal counsel, saying that they violated specific provisions in the Criminal Procedure Code (CPC) which guarantees those detained access to lawyers.
The lawyers had gone to the Brickfields police station on Jalan Tun Sambathan to assist 14 people who had been arrested for holding a candlelight vigil for political analyst Wong Chin Huat.
Bar Council President Ragunath Kesavan said that although under Section 28A (8) of the CPC there is an exception which allows police to refuse lawyers access to their clients, it is invoked only in extraordinary circumstances.
Bar Council’s Human Rights Committee Co-chairman Andrew Khoo added that the context of invoking the exception is when it is believed that the client may pass harmful information to an outsider via the lawyer, or hide evidence, such as in kidnap cases.
"The exception has been turned into a right to arrest lawyers for the sole reason that they asked to see their clients," said Ragunath. "If applying to see your clients in a police station can be deemed as obstructing justice, how low can you go?"
Ragunath added that the Bar Council intends to hold an Extraordinary General Meeting (EGM) by next Friday to discuss concerns of law practitioners over threats of arrest should they request to see their clients.
The Bar Council could challenge the provision for access by lawyers to accused persons under the CPC to obtain a clear indication from the courts what the provision is about. Ragunath told reporters that the Bar Council is considering a judicial review of the police's decision on May 7 to bar lawyers from meeting their clients.
A civil suit option is also a possibility, although they are leaving it to the five lawyers to decide whether they want to seek redress. Ragunath said the Bar Council would support any decision made by the lawyers, who are all members of the Kuala Lumpur Legal Aid Centre.
The lawyers have called on Home Minister Datuk Seri Hishamuddin Hussein and Inspector-General of Police (IGP) Tan Sri Musa Hassan to take steps to assure the public that the police will respect the rule of law, and for the IGP to issue a statement detailing what took place Thursday night at the Brickfields police station.
"We want the police to respect the rule of law, respect the criminal justice system and respect the stakeholders of justice namely the lawyers and public," Ragunath said, adding that the police's decision to arrest the lawyers has undermined the progress of dialogues with the police to increase cooperation between them.
The five lawyers, Fadiah Nadwa Binti Fikri, Murnie Hidayah Binti Anuar, Puspawati Binti Rosman, Ravinder Singh Dhalliwal and Syuhaini Binti Safwan were all released at about 2.50pm Friday.
Wong Chin Huat was also released Friday after his arrest on May 5 for alleged sedition. Padungan assemblyman Dominique Ng, his wife and nine Parti Keadilan Rakyat (PKR) members were released after their arrest Thursday night for holding an illegal gathering at the Kuching waterfront.
