Another Attempt to Intimidate Lawyers
First, the Brickfields 5. Then,Tharminder Singh by the SC. Shortly after, Fadiah Nadwa Fikri and the MACC. Followed by the 4 Legal Aid Lawyers. Now, they are trying to intimidate LoyarBurok-ker Roger Chan!
When will it be you, just for doing your job as a lawyer?
Loyar Burok
The following is a press release issued by the Malaysian Bar, originally published here.
The Malaysian Bar is concerned to learn that Chan Weng Keng, a lawyer acting for SUARAM, was recently served with a written order by the police to produce documents relating to SUARAM, which is being investigated by various authorities. The Malaysian Bar is perturbed that, once again, the police seek to act in disregard of the well-established legal principle of solicitor-client confidentiality, and tocontinue to harass lawyers and obstruct the ability of a Member of the Bar to execute his professional duties effectively.
Such action by the police is oppressive, and constitutes blatant intimidation. It is an intolerable incursion on the independence of the Bar and a severe interference with a lawyer’s obligation to advise and act for clients without fear or favour. In addition, such behaviour is an appalling and unacceptable intrusion into a solicitor-client relationship, and makes a mockery of the fundamental principle of solicitor-client confidentiality by which lawyers are bound. It shows a grave lack of respect for the criminal justice system, as the solicitor-client privilege lies at the core of this system.
In this instance, a perception has been created in the public’s mind that the application of resources into, and the timing of, the investigations of SUARAM, as well as the mobilisation of various agencies in a concerted manner, is due to SUARAM’s efforts to have the Scorpene affair investigated, albeit in France. Contrast this with the dearth of investigations by the same Malaysian agencies into the alleged Scorpene affair and Malaysian entities involved. This selective application of resources and legislative provisions, and the clear abuse of our criminal procedure rules will, in the long term, undermine respect for the system of law and order, and damage the proper administration of justice, in this country.
The Malaysian Bar is also deeply troubled by the pattern of recurring incidents — involving enforcement and regulatory authorities — of harassment of lawyers, and interference with their professional duties in representing their clients, including the sanctity of the confidentiality of the solicitor-client relationship. This harassment must stop if we are indeed committed to the principle of access to justice and to the rule of law.
Read more at: http://www.loyarburok.com/2012/10/18/attempt-intimidate-lawyers/
