Thursday, May 21, 2009

Message To The Malaysian Bar Council

I wrote this to the Star last week in light of the arrest of the five lawyers. I signed off not in my official capacity but as a law graduate. I guess it is just not good enough for them to publish it.
Who cares? I’m posting it here anyway.

Message To The Malaysian Bar Council.

I am writing this in my capacity as a law graduate. Nothing more and nothing less.

I am aware of the recent arrest of five lawyers. I have read their testimonies, heard their cries and I have also seen the video. I have also read the resolution of the previous Malaysian Bar’s Extraordinary General Meeting (EGM) this afternoon.. As I am not a member of the Bar Council, I do not feel that it is my place to make any comments to the resolution passed by the present learned advocate and solicitors’ of Malaysia.

Condemning and denouncing the arrest of lawyers and demanding the resignation of the Minister for Home Affairs, the Inspector-General of Police, OCPD ACP Wan Abdul Bari bin Wan Abdul Khalid and DSP Jude Pereira of the Brickfields police station were, inter alia, the obvious motion carried. The remaining nine motions can be seen at The resolution is merely for some action to be taken AFTER something has happened.

What I have to say is this.

Apart from focusing on the action after an incident, please also think of something to do to prevent this from happening again. What could prevent the police from arresting lawyers again, you may ask? Well, education is too obvious to be mentioned. I have another suggestion.
Engage the Attorney General’s Chambers to be present when you want to negotiate with the police. I think, the situation got slightly out of hand because the police were a little bit intimidated by the presence of lawyers insisting to meet with their co-called-clients. They then resorted to use the usual “kami akan tangkap” threat.

That did not seem to work. So they went ahead to arrest the five lawyers.

Now, if there was an officer from the AG’s Chambers on duty at that police station and that officer’s number was made available for the police to contact when sensitive circumstances like this occur, the police could solicit some legal advice before they perform their police duties. At the end of the day, should they police are being sued; it is the AG’s Chambers who will be their counsel in Court. Why not have the AG Chambers advising the police from the very beginning and avoid this entire fracas?

I feel that this could work even to the benefit of the Malaysian Government. The right action by the police, after getting proper advice from the AG Chambers, can save a lot of money.

After all, lawyers would certainly welcome some legal explanation even if it is against them.


Oh, Adam Lambert lost.
Voters can be so ignorant!

Blog adjourned.

0 obiter dictum: