A human rights lawyer has threatened to call for the removal of the Bar Council leadership at the next annual general meeting (AGM) for not showing sufficient interest in inquests into cases of custodial death.

In a letter to chairperson Kuthubul Zaman Bukhari (photo), lawyer P Uthayakumar said the 36-member council leadership should explain its "indifference" within a week or face a motion of censure or no confidence at the Malaysian Bar's AGM next month.

He said the council had failed to hold watching briefs during inquests into the custodial deaths of S Tharma Rajen and M Ragupathy since 2002.

"Are we practising what we preach? May we bring to your attention that we have had earlier difficulties on this (Tharma Rajen) inquest alone with regard to the Bar Council's lack of seriousness," he said.

"Shouldn't we be ashamed of ourselves as we have about 11,000 members but are unable to send even a single lawyer to hold a watching brief on a serious matter such as these deaths?".

Uthayakumar (photo) was reacting to the absence of a Bar Council representative at yesterday's inquest hearing into the death of G Veerasamy at the Ampang magistrate's court.

"The family is disappointed at the lack of seriousness of the council which is supposed to be the guardian and custodian of justice and human rights," he said.

Contacted later, Kuthubul said he would act on the matter once he has seen the letter.

"I will have to read the letter first before deciding what to do next, but I can't stop anyone from moving a vote of no confidence against me," he said.

Special programme

Uthayakumar also urged the council to set up a special programme to assign lawyers to every family affected by custodial deaths. He said this should be done as a matter of principle and in the public interest.

He said the council could request for financial allocations from the government - or use its own funds - to pay lawyers a special allowance to attend these cases.

At the 2002 AGM, the Bar Council resolved to hold watching briefs in matters of public importance following a Kuala Lumpur High Court denial of its application in the trial of jailed ex-deputy premier Anwar Ibrahim.

"However, we regret to note that the same standards were not applied in other cases - the Bar Council has chosen to send a chambering pupil or is not bothered to attend court," Uthayakumar said.

In this respect, he accused the council of failing to uphold the cause of justice, as it is mandated to do under Section 42 of the Legal Profession Act.

He said the council should assist human rights group Suaram and the Police Watch and Human Rights Committee by asserting pressure on the attorney-general to commence an inquiry into the remaining cases of deaths in police custody or by police shooting.