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Bar leaders to give Police statements tomorrow

Bar leaders to give Police statements tomorrow

Contributed by Stephen Tan Ban Cheng

Monday, 22 October 2007 08:11am

KUALA LUMPUR, Mon: Malaysian Bar President Ambiga Sreenevasan, Vice-President Ragunath Kesavan and Secretary Lim Chee Wee will be giving their statements to the Police at 3.30pm Tuesday tomorrow at the Secretariat on the “Walk for Justice” carried out on Sept 26 this year.

It is understood that a statement may be issued after the interview to update members on what has transpired.

The “Walk for Justice” was preceded a day earlier on Sept 25 by the Government’s move to set up a three-man Independent Panel to investigate into the authenticity of the video clip first exposed by Parti Keadilan Rakyat de facto leader Datuk Seri Anwar Ibrahim on Sept 19.

The clip shows senior lawyer VK Lingam in a telephone conversation allegedly with Chief Justice Tun Ahmad Fairuz Sheikh Abdullah. The conversation surrounded fixing the appointments of ‘friendly’ senior judges. Several cases were also mentioned, among them involving former Member of Parliament Wee Choo Keong.

The eight-minute video clip, said to have been filmed in 2002 and culled back from the original 14 minutes, also revealed a discussion on Tun Fairuz’s appointment as the Chief Judge of Malaya and Chief Justice, which took place in 2003. Besides the video clip, Datuk Anwar, who was a deputy prime minister, also revealed a short audio recording in which his name was brought up by Lingam.

The video clip has caused a massive uproar, with numerous quarters calling on the government to clean the ‘rot’ in the judiciary. Analysts said the uproar was fuelled by “almost insane” statements from the de facto Minister of Law Datuk Nazri Abdul Aziz who has since labelled lawyers who took part in the walk as "crazy."

The Bar Council had, following the video clip being made publicised, called for the immediate establishment of a Royal Commission of Inquiry and the Government’s luke-warm response of setting up a three-man independent panel has so far proven to be toothless since, among other deficiencies, it could neither compel not protect witnesses.

On Oct 11, the Human Rights Commission of Malaysia (Suhakam) expressed its “deep concern” with media reports that the Police have summoned some Bar Council officials on the “Walk for Justice” involving more than 2,000 lawyers and supporters from the Palace of Justice to the Prime Minister’s office.

The statement came amidst reported Police plans to question the organisers of the walk that did not have a valid police permit for the walk.

In a six-paragraph statement, Suhakam said “the right to freedom of peaceful assembly is enshrined in Article 10 of the Federal Constitution and, the United Nation Declaration of Human Rights (UDHR) and other international human rights treaties.”

It also stated that section 27(2) Police Act 1967 which gives the OCPD discretion to license an assembly “is unjustified and against human rights principles.” The Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police, in its report, has also expressed its concern over section 27 of the Police Act 1967 and has stated that section might be challenged as unconstitutional.

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Justice has to be fought for
written by Yeo Yang Poh, Monday, October 22 2007 08:40 am

Dear members,

Our leaders have done the right thing, the honourable thing, the courageous thing. It was done not for themselves, but on all our behalf. How could anyone doubt or question lawyers wanting a fair, independent, competent and top-class judiciary and justice system? The Walk for Justice (and the work thereafter) is the kind of patriotism to our nation that lawyers are expected to exhibit not merely by words but also by action.

Like everything else, a good justice system will not happen by itself. It has to be fought for, with hard work and dedication.

Let us be there tomorrow (Tuesday 23/10/07) at 3pm to show full support for our leaders and their action. I know some lawyers are coming even from outstation. I hope as many lawyers from KL & Klang Valley will be there. Success in societal changes depend not just on a few persons. It depends on all of us.

See you there tomorrow!

Yeo Yang Poh

Why are they giving statements?
written by Shim Wai Loon, Monday, October 22 2007 12:26 pm

If I remember correctly, our leaders made an earlier stand of not giving statements in respect of a "call" by the Putrajaya police, why they changed their stand now? Had they been informed by the police on what the investigation is all about? If it is about the walk then the leaders need to know what offence or section that the investigation is being carried out. We do not simply oblige to any authority merely via a "call", there are rules & procedures to comply with, more so for us to set an example to the public.

Shim Wai Loon

HERE'S THE REPORT
written by Stephen Tan Ban Cheng, Monday, October 22 2007 03:38 pm

My dear Wai Loon

Here is the report: Police want V-P, Secretary to give statement on Walk for Justice

Contributed by Web Reporter: Sunday, Oct 7, 2007, 09:03am

KUALA LUMPUR: The Vice President Ragunath Kesavan and the Secretary Lim Chee Wee have been called by the Putrajaya police to explain the Walk for Justice of 26 September 2006.

In an immediate response, Ragunath said they would respond to the request by the police in good time, at their convenience. "We see no reason to respond immediately to the request by the police.

"We are not perturbed or intimidated by the police. We acted in accordance with our conscience and we are prepared to deal with any consequence arising from our actions. The least of our concerns were the fact that we may face prosecution for any action we have taken", said Ragunath.

To the best of my knowledge based on the report I have incorporated in this note, no Bar leader had said that he or she would not give a statement to the Police. Of course, I stand corrected.

Stephen Tan Ban Cheng

Oooops...mistake
written by Shim Wai Loon, Monday, October 22 2007 07:07 pm

Dear Stephen,

Thanks for the reproduction of the relevant news report, obviously my memory fails me Our leaders did not say they would not give statements to the police but they would do it at their convenience.

Please do not get me wrong, they have my full supports on what they had done, particularly for the walk; but I am worried of what might happen to them on tomorrow knowing the fact of "Malaysia boleh". To be on the safe side, they should at least know in what capacity are they giving the statements to, whether they are merely witnesses or whether there is any allegation made against them, then what is the allegation about.

Further, the news report had stated that our leaders "have been called by the Putrajaya police to explain the Walk...", there is no detailed information as to what is that "call", whether it is via a letter or only a phone call. Be that as it may, we should make a stand that the police should be more professional in doing their job, more so when they are dealing with the Bar, they should not have "called for explanation", there must be an investigation founded on a particular report and that confers the powers on the police for investigation including recording statements, but not calling for explanation. I believe such a stand is important because strict compliance with rules & procedures is to safeguard abuse of powers.

Shim Wai Loon

ICE CREAM JOY TO MARK SOMETHING SPECIAL
written by Stephen Tan Ban Cheng, Monday, October 22 2007 09:44 pm

My dear Wai Loon

My suspicion is that the Police in Putrajaya may be zeroing in on the "illegal assembly" because of no licence from the police under Section 27(2) of the Police Act 1967, a section that Suhakam had said, may be likely to be challenged if it is invoked.

That is why I highlighted it in another article thus: "In a six-paragraph statement, Suhakam said 'the right to freedom of peaceful assembly is enshrined in Article 10 of the Federal Constitution and, the United Nation Declaration of Human Rights (UDHR) and other international human rights treaties.

'It also stated that section 27(2) Police Act 1967 which gives the OCPD discretion to license an assembly 'is unjustified and against human rights principles.' The Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police, in its report, has also expressed its concern over section 27 of the Police Act 1967 and has stated that section might be challenged as unconstitutional.'

Wai Loon, the times are such that under the almost four-year leadership of Prime Minister Datuk Seri Abdullah Ahmad Badawi come Oct 31 this year, or another eight days' time, the Malaysian Government has NOT invoked the reprehensible Internal Security Act (ISA) for all those four years.

I do not know how people view it, but for me this is an achievement that gives the lie to criticisms that his leadership is weak. To me, it takes a very strong and sure leader to resist the temptation to use the ISA. It takes a leader who can take such criticisms of his weak leadership in his stride without throwing the critics into the detention camps.

To celebrate that event that means so much for my prized freedom and liberty of all my fellow Malaysians and their lives, I shall treat myself to a nice ice cream to celebrate this landmark achievement when I am in Kuala Lumpur for the Malaysian Law Conference. If you are around, call out and I shall of course buy you another one for a quiet joint celebration.

Stephen Tan Ban Cheng

I concur...
written by Shim Wai Loon, Monday, October 22 2007 10:24 pm

Dear Stephen,

Thanks for your ice-cream offer but I am not attending the Conference because tied down by cases;

I do not think Pak Lah will use ISA on our leaders especially there was a recent case where the government & the police had just been whacked in the judgment on one ISA detainee;

Anyway, I pray hard for our leaders on tomorrow session and I must tell them, I am proud to have them as our leaders.

Shim Wai Loon

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