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Contributed by Ragunath Kesavan, President, Malaysian Bar

Yayasan Bantuan Guaman Kebangsaan (“YBGK”) was launched by the Prime Minister, YAB Dato’ Sri Mohd Najib b Tun Abdul Razak, on 25 Feb 2011.

YBGK will provide legal representation to all Malaysians (irrespective of their financial means) upon arrest, at remand hearings and when they are charged in court.  YBGK will also provided legal representation to Malaysians at the hearing stage if the accused satisfies a means test.   Lawyers who handle YBGK matters will be paid.  

The types of legal representation provided by YBGK will be introduced in stages.  In the first phase the emphasis will be on providing legal representation to persons when they are arrested. The police (as well as all other enforcement agencies) are required to inform YBGK when they make an arrest ,and duty solicitors will be assigned to different police stations to meet and advise arrested persons.

Bar Council Legal Aid Centres  will work closely with YBGK to assist in its delivery of services.  The police will inform the state Legal Aid Centre ("LAC") when an arrest takes place.   The LAC will have a daily schedule of duty solicitors and inform the duty solicitor in respect of arrests that take place at the police station to which he/she has been assigned.  The duty solicitor will go to the police station at a pre-determined time and meet the persons detained there. 

The establishment of YBGK provides, for the first time, a comprehensive and sustainable legal aid programme for those ensnared in the criminal justice system. In order to make it work we require the assistance of  Members of the Bar.  We thus invite all Members to register to offer their services with YBGK.  Even Members who have not handled criminal cases are encouraged to sign up as training will be provided.

Please click here for the registration form and here for the rates of payment to lawyers.  To register, kindly complete and return the registration form by fax to 03-2031 6640 or by email to kamala@malaysianbar.org.my, by 10 Mar 2011 (Thursday).  For further information, please contact Kamala Thakar Singh by telephone at 03-2031 4787 or 03-2031 3003 ext 213.