Lawyers Misled Over Recorded Statements, Inquiry Told
(Bernama) — The counsel representing five lawyers who were arrested and detained in lock-ups by police told a Human Rights Commission of Malaysia (Suhakam) public inquiry on Saturday that they were cheated and misled by police witnesses pertaining to recorded statements.
M. Puravalen said they were shocked after being informed that the police witnesses refused to have their statements recorded before they testified at the inquiry.
Saying that this would result in unfair hearing for his clients, he said, if the witnesses refused to have their statements recorded, they should inform the inquiry in advance.
"In this case, the police witnesses had already been ordered by the commissioners on Aug 14 to have their statements recorded before they give their evidence. Today they said they did not want to have their statements recorded," he said.
Puravalen said that by doing this, the witnesses would have the opportunities to fabricate evidence and change their stories when were called to testify.
He said the recorded statements were important for the purpose of consistency throughout the proceedings.
The inquiry, which started on Aug 14, is chaired by Suhakam Commissioner Datuk Muhammad Shafee Abdullah, and assisted by commissioners Datuk Dr Micheal Yeoh Onn Kheng and Datuk Dr Denison Jayasooria.
Those arrested were Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan.
They were arrested at 9.30pm on May 7 and released the next day.
Muhammad Shafee then adjourned the proceedings to Sept 2 to enable parties to submit whether Suhakam had the power to compel witnesses to have their statements recorded.
He said under Section 14(1)(a) of the Suhakam Act 1999, the panel of inquiry had the power to procure and receive evidence, written or oral, and to examine witnesses but not to compel them to record statements.
Today's inquiry was to hear evidence from three of the five lawyers.
Puspawati and Fadiah Najwa had testified on Aug 15.
Muhammad Shafee also drew the inquiry's attention to police witnesses, ACP Wan Abdul Bari Wan Abdul Khalid and DSP Judy Blacious Pereira, who said in their unsigned statements on Aug 14 that they would answer questions at the proceedings but would not allow their statements to be recorded.
Superintendent R. Munusamy, who is holding a watching brief for the police, told the inquiry that the panel should not take the refusal to give recorded statements to mean that they would fabricated evidence.
