Even lawyers get no respect from cops
Published: Jun 16, 2009 7:38 PM | Updated: Jun 16, 2009 7:40 PM
Five lawyers were arrested last month for attempting to provide legal assistance to protesters nabbed by the police for holding a candlelight vigil.
Five lawyers were arrested last month for attempting to provide legal assistance to protesters nabbed by the police for holding a candlelight vigil.
The legal fraternity was so incensed by the arrests that an emergency general meeting was called where 1,400 lawyers demanded the resignation of both the police chief and the home minister.
Now, the Bar Council is perturbed by incidences of lawyers being called in by the police for questioning on matters carried out in the course of their professional duties.
The council’s chairperson Ragunath Kesavan (left) cited the example of Ipoh-based lawyer Chan Kok Keong being served a section 111 notice by the police.
Section 111 of the Criminal Procedure Code empowers the police to demand the presence of an individual who is a witness to an alleged crime to appear in court. Should the person refuse to appear, the court can issue an arrest warrant against him or her.
The police want to question Chan, who is a lawyer for ousted Perak speaker V Sivakumar, on an affidavit relating a law suit filed by his client.
Chan is representing Sivakumar in a number of legal cases including one where the ousted speaker is challenging the right of his replacement, R Ganesan, in taking over his seat.
To make matter worse, Ragunath said that lawyers representing Chan during the police questioning were themselves told that “they would be required to give statements if they wished to accompany Chan at the interview”.
Lack of respect for criminal justice system
Ragunath slammed the police for a “grave lack of respect for the criminal justice system”.
“Such questioning makes a complete mockery of the fundamental principle of solicitor-client confidentiality by which lawyers are bound,” said Ragunath.
He said the police harassment of lawyers who were carrying out their job must cease immediately.
“It is internationally recognised that lawyers perform a vital function when they act for their clients in the pursuit of justice, and that they must be permitted to carry out these functions freely,” he said.
“We urged the police to immediately stop such unwarranted action whereby officers continue to call in lawyers representing clients, to have their statement recorded.”
The legal fraternity was so incensed by the arrests that an emergency general meeting was called where 1,400 lawyers demanded the resignation of both the police chief and the home minister.
Now, the Bar Council is perturbed by incidences of lawyers being called in by the police for questioning on matters carried out in the course of their professional duties.
The council’s chairperson Ragunath Kesavan (left) cited the example of Ipoh-based lawyer Chan Kok Keong being served a section 111 notice by the police. Section 111 of the Criminal Procedure Code empowers the police to demand the presence of an individual who is a witness to an alleged crime to appear in court. Should the person refuse to appear, the court can issue an arrest warrant against him or her.
The police want to question Chan, who is a lawyer for ousted Perak speaker V Sivakumar, on an affidavit relating a law suit filed by his client.
Chan is representing Sivakumar in a number of legal cases including one where the ousted speaker is challenging the right of his replacement, R Ganesan, in taking over his seat.
To make matter worse, Ragunath said that lawyers representing Chan during the police questioning were themselves told that “they would be required to give statements if they wished to accompany Chan at the interview”.
Lack of respect for criminal justice system
Ragunath slammed the police for a “grave lack of respect for the criminal justice system”.
“Such questioning makes a complete mockery of the fundamental principle of solicitor-client confidentiality by which lawyers are bound,” said Ragunath.
He said the police harassment of lawyers who were carrying out their job must cease immediately.
“It is internationally recognised that lawyers perform a vital function when they act for their clients in the pursuit of justice, and that they must be permitted to carry out these functions freely,” he said.
“We urged the police to immediately stop such unwarranted action whereby officers continue to call in lawyers representing clients, to have their statement recorded.”
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