Good one. An demand that this Ketua Bahagian chap to retract and apologise.
KENYATAAN AKHBAR

Simply means the one that SPEAKS for another.

PRESS RELEASE
Criminal justice system is the foundation of social order
It is very clear, from the comments reported in the press in recent days, that the Minister for Home Affairs, the Inspector-General of Police and the Minister in the Prime Minister’s Department, among others, have wholly misconstrued the position of the Malaysian Bar in respect of the arrests of Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan from the KL Legal Aid Centre (“the LAC lawyers”).
The crux of the issue is that the LAC lawyers were arrested in the course of carrying out their professional obligations as advocates and solicitors, in accordance with the law of the land. There is a crucial difference between such detention and previous incidents where lawyers were arrested when acting as private citizens. There are sufficient guidelines to regulate the role and responsibilities of lawyers, which stipulate that lawyers should not place themselves in a position of conflict. The LAC lawyers were at the police station to render legal assistance, and at no time were they part of the alleged unlawful assembly.
Section 28A (4) of the Criminal Procedure Code (CPC) and Article 5 of the Federal Constitution guarantee an arrested individual’s right of access to a legal practitioner of his/her choice, and these provisions must be upheld. Logically, lawyers can only provide such legal assistance if they are present at the police station.
The Malaysian Bar is therefore neither seeking nor expecting preferential treatment nor exemptions from the law. It is seeking instead to uphold the fundamental right of lawyers to have access to their clients. It is this role that we are modelling.
The presence of a lawyer when an accused is questioned or arrested promotes accountability because lawyers serve as a check-and-balance, on the spot, against police excess. It must be remembered that the police force, as a law enforcement agency, commands far more physical and tangible power than any other public service agency, and hence a mechanism for accountability is all the more necessary. Access to legal counsel is thus a cornerstone of our criminal justice system, and a crucial safeguard for the rights of a detained person.
It is ironic that Datuk Seri Mohamed Nazri should now characterise the Malaysian Bar’s intention to file suit over the arrests as “an attempt to intimidate enforcement authorities from discharging their duties” when, in reality, the arrests were clearly a form of harassment to obstruct the lawyers from discharging their responsibility to provide legal representation to their detained clients. It is not the action of the LAC lawyers that has undermined the legal system but rather the arbitrary action of the police in arresting them while they were performing their duty.
We shall proceed with legal action to determine the role and position of advocates and solicitors in such situations and to seek clarification of the scope of Section 28A (4) of the CPC, which we believe the police breached in this instance.
The government must accept dissent as a legitimate form of expression and a democratic norm. As much as it may be unpalatable, it must not be silenced but countered with reforms and concrete changes.
Ragunath Kesavan
President
Malaysian Bar
19 May 2009
KUALA KANGSAR, May 17 – The decision by the Bar Council to sue the government over the May 7 detention of five legal aid lawyers is an attempt to intimidate the enforcement authorities from discharging their duties, Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said today.
He said it also showed that the legal practitioners themselves wanted to undermine the country’s legal system.
“The Bar Council is supposed to be a role model. If police enforce the law and among those caught are their (Bar Council) members, they have to accept it.
“We have the judiciary. Let the court decides whether the five lawyers are guilty or not,” he told reporters after opening a programme for Ujian Penilaian Sekolah Rendah (UPSR) pupils in the Padang Rengas parliamentary constituency at the Sekolah Menengah Kebangsaan Temenggong, Kati here.
He was commenting on a resolution passed by the Bar Council at its extraordinary general meeting on Friday to sue the government and Inspector-General of Police Tan Sri Musa Hassan over the detention of the five lawyers during the candlelight vigil for the Coalition for Clean and Fair Elections (Bersih) activist Wong Chin Huat last week.
On the political crisis in Perak, Mohamed Nazri said, the court was the best avenue to settle the dispute and that there was no need for a fresh state election as the state legislative assembly was still intact.
“There is no hung assembly”, he said, adding that the request to dissolve the state assembly cannot not be made by the minority. – Bernama
Very troubling reports have been published, which reveal the existence of a medical report of an examination done by a doctor on Mohd Saiful Bukhari bin Azlan a few hours before Saiful lodged a police report that he had been sodomised. The medical report apparently shows that there is no evidence that he had been sodomised by anyone.
Such reports raise some very serious questions that require immediate answers:
(1) Are the police in possession of such a medical report?
(2) Was the doctor concerned interviewed by the police and was he detained for any length of time?
(3) Is the doctor concerned facing any form of intimidation and if so, by whom?
(4) Is there a medical report by another doctor that either confirms or contradicts the first medical report?
(5) If it is true that the medical report exists showing a lack of prima facie evidence, what then could have been the justification for the vigorous actions taken against Datuk Seri Anwar Ibrahim as well as the public call by the authorities for his DNA sample?
The answers to these questions are of paramount importance, as they bring into focus the integrity of our law enforcement system.
These latest disclosures regarding the investigations into the sodomy allegations are not the only ones to raise questions that need answering. There is, for example, also the issue of P. Balasubramaniam’s abrupt “disappearance” that has yet to be satisfactorily explained. No one can deny that the circumstances of his first and second statutory declarations are highly unusual. All these show a pattern of events that cause much disquiet to right-thinking members of the public.
The Malaysian people are deeply troubled. A country that truly believes in the rule of law should not be faced with so many disturbing developments and unanswered questions.
The credibility of the Malaysian justice system as a whole is therefore at stake. The integrity of professionals, be they doctors or lawyers, must never be interfered with. The public must be left in no doubt that the criminal justice system in this country will not be misused or abused. There must be nothing less than an open and thorough investigation into these cases. This calls for the courage and professionalism of all those involved to do the right thing no matter the consequences. And those who have shown such courage and integrity must know that they live in a country where it is safe to do so.
Dato’ Ambiga Sreenevasan
President
Malaysian Bar
In an immediate response, the Bar Council said it was ready to open up in "permitted practice areas" and believed that liberalisation of the legal sector is something inevitable in today's age of globalisation.
At a press conference Monday, de facto Law Minister Datuk Zaid Ibrahim said liberalising the legal profession has been talked about for a long time but it is time now "to put more energy and urgency" into it in view of the global economy.
"We must allow the realities of the market place to be a factor in our decision to open up. How do we retain our best lawyers if we don't have international law firms in our country?
"If we can have some well known international names here, then perhaps we can keep them (our lawyers) here. We must open up. We must have a competition policy. We must have freer trade and environment," he said, urging the Bar Council to sit down and focus on this again.
Zaid said that if Malaysia wanted to bring in big foreign investments and multinationals, it was important to open up the financial services sector and the legal profession.
"It is not the number of lawyers but the skills that we need to build up this country. The big foreign MNCs and big banks normally want to use lawyers that they feel will suit their needs.
"We cannot keep thinking of our own self-interest. We have to think in terms of the interest of the country," he said, adding that countries like Singapore, Hong Kong, United Arab Emirates and Kuwait had opened up their legal sector and reaped benefits from it through huge investments.
"If we want to continue to forge ahead and develop, then we should open up," adding that joint-ventures with the foreign firms might be one of the approaches.
Zaid said local law firms should not be afraid of the liberalisation because it would not impinge on their business.
He said this was because the liberalisation would be in selected specialised areas like intellectual property, maritime law, structured finance, banking and aviation law.
"We are not saying we are going to open up everything. Most international foreign firms are not interested in the small firms' businesses.
"Local firms business will not be jeopardised in areas where our standards are high," he said, adding that when foreign law firms were operating here this would also open up employment opportunities for local lawyers and for them to gain expertise.
Bar Council president Datuk Ambiga Sreenevasan said they are prepared for foreign firms to come in particularly in corporate transactions.
"It's inevitable. There are no two ways about it," she said, adding that the Bar Council had drafted up rules on the "permitted practice areas" that could be opened up.
The areas are transactions involving international capital market, asset securitisation which goes beyond the (yet to be determined) stipulated amount, transactions governed by foreign laws and those involving the Malaysian International Islamic Financial Centre (MIFC).
She said they were keen in joint-ventures between foreign and local firms in the MIFC but Bank Negara had asked to consider allowing standalone foreign firms and "we are looking at this proposal."
She said the Bar Council was working closely with the International Trade and Industry Minister Tan Sri Muhyiddin Yassin in liberalising the legal sector to deal with trade negotiations like the Free Trade Agreements and the General Agreement on Trade in Services (GATS).
She said the Bar Council also reserved the right to increase the areas to be opened up.
"We are ready. We accept that we must be global," she said, adding that with the MIFC the opening up would be "faster than we think", possibly within a year.
She said the ultimate goal was to strike a balance by meeting the challenges of globalisation while at the same time promoting the interest of the local law firms.
So if Khairy and UMNO can, why can't the Bar?

The Bar Council notes with concern, following from the press conference held by the panel investigating the video clip, the narrow scope of the panel’s terms of reference which appears to be restricted solely to determining the authenticity of the video clip. The Bar Council is also concerned that the panel, having acknowledged its lack of powers in compelling the production of evidence, does not intend to invite any person to come forward to assist the panel or to give a statement. It further has no power to direct investigations. Neither has it immunity.
It would appear, therefore, that the Panel is wholly dependent on the investigations carried out by other agencies. The Bar Council hopes to raise these issues with the panel shortly.
It has always been the stand of the Bar Council that this panel can only constitute a first step in the wider process of ascertaining the facts and inferences in relation to the video tape. A Royal Commission is required for this purpose for the very reasons the panel has put forward about its powers and immunity, among other things.
The action taken by the ACA, at this stage of the investigation, to find out about the whistleblower, is worrying and most discouraging. It shows the misplacement of focus, and creates an impression that the authorities are more interested in going after the whistleblower than in discovering the truth of the alleged wrongdoings.
Nazri explains statement on 'lawyer's protest' |
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WHAT I like about your paper is because it has been very fair to me. Once again, I seek your forbearance to allow me to explain my statement about "Lawyer's protest" which was quoted and commented upon by Wong Chun Wai in his recent article. Fundamental to the concept of an independent judiciary is the non-interference of either the executive or the legislative in the judiciary. I believe this was the reason the lawyers in Pakistan protested, because there was interference by the executive in the judiciary when President Gen Pervez Musharraf sacked the CJ of Pakistan. However, in Malaysia, it is the other way around. Lawyers took to the streets to ask the executive to interfere in the judiciary. They were asking the Prime Minister to take action against the CJ. Hence the term "unbecoming" used by me in describing the action of the lawyers. As to the immediate dismissal of their proposal, it is only because I have dealt with this matter earlier with the members of the Bar, including attending a forum organised by them on the same issue and on both occasions I have said the stand of the government is No. Also, as an insider, I do know the Government is comfortable with the present arrangement in appointing judges as accorded by the Constitution, coupled by the Prime Minister's stance of keeping at arm's length decisions made by judges. The Deputy Prime Minister has also said there is no necessity at the moment to form a Royal Commission to appoint and promote judges. I have always been direct, and see no point in giving hope when there is none. I have been informed there are 13,000 registered members of the Bar, and 1,000 protesting lawyers is hardly a majority and compared with the 10,000,000 voters, it is a drop in the ocean. I believe the opposition will make an election issue out of this. Let us wait for the people to decide in the coming general election. I do not know whether I am right or wrong but if I do err, I am very sure it is on the right side. |
SUNGAI PETANI, Sept 28 (Bernama) -- The Malaysian Bar Council has been told to rid itself of political influence so as to remain a professional body.
Information Minister Datuk Seri Zainuddin Maidin said the council should act professionally to be respected and should not allow itself to be used by certain individuals for their own political interest.
He said the Bar Council was no longer professional by pressuring the government to set a Royal Commission of Inquiry to investigate the unauthenticated video clip of a telephone conversation of a senior lawyer purportedly brokering the appointment of judges in 2002.
In light of this, he added, the Bar Council members should call for a commission be set up to investigate the unprofessional conduct of their leaders.
Zainuddin believed the video clip was not valid as it only carried the visual and audible conversation of a lawyer and it was picked from a blogsite on the Internet.
He was speaking at a breaking of fast with members of the Kampung Hilir Smart Community programme in Merbok Thursday night.
Zainuddin said although the video clip was unverified, the government had been transparent about it by forming an independent panel to investigate the allegation.
He said the Bar Council should be thankful for the government's effort and should not continue to pressure for the setting up of a Royal Commission of Inquiry.
He also hit out at certain media for giving wide coverage on the video clip issue whereas they should act based on facts and professionally.
On Wednesday, more than 1,500 members of the Bar Council march from the Palace of Justice to Dataran Putra in Putrajaya to hand over a memorandum calling on the government to set up a Royal Commission to investigate the video clip issue, and for transparency in the appointment of court judges.