The Malaysian Bar is no longer just calling …they are demanding..
By Charles Hector
Access to a lawyer is a fundamental right of an arrested person…
When not only that right is denied, but the lawyers also arrested…and detained in police lock-ups (and also denied the right to a lawyer)… it is just too much…
And, it was this that brought a total of 1,429 lawyers and 81 chambering students the Malaysian Bar’s Extraordinary General Meeting (EGM) this Friday afternoon (15/5/2009) to unanimously and unequivocally called for the resignation of the Minister for Home Affairs, the Inspector-General of Police and the OCPD of the Brickfields police station.
Malaysian lawyers are very angry with the impunity shown by the police…No more were they using words like "called for" – now they demanded…
They are no satisfied with just the passing of Resolution but have directed their Bar Council to do more ..
The Resolution that was passed is as follows…
Whereas on the night of 7 May 2009, five members of the Kuala Lumpur Legal Aid Centre, Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan (collectively known as the “LAC Lawyers”), in their capacity as Advocates & Solicitors, had requested the police at the Brickfields Police Station for access to the detained persons who were arrested that same night whilst holding a candlelight vigil at the same Police Station over the recent arrest of political scientist Wong Chin Huat.
Whereas Article 5(3) of the Federal Constitution entrenches the fundamental right of a person to consult and be defended by the legal practitioner of his/her choice. Further, sub-sections 28A(2) to (7) of the Criminal Procedure Code (“CPC”) set out in detail the rights of arrested persons including their right to communicate and consult with a legal practitioner of their choice.
Whereas the Police denied the LAC Lawyers access to the detained persons, the Police, without any reasonable grounds, proceeded to arrest the LAC Lawyers and only released them on police bail the following day at around 3 p.m., notwithstanding the repeated requests by other lawyers for their immediate release.
