KUALA LUMPUR: The police have recorded a statement from lawyer N. Surendran
pertaining to the two statutory declarations made by private investigator P.
Balasubramaniam.
Surendran, the lawyer for Balasubramaniam’s nephew R. Kumaresan made the
statement at 3pm at Bukit Aman Commercial Crime department in Jalan Dato Onn.
Bar Council president Datuk Ambiga Sreenivasan accompanied him.
According to Surendran, he received a letter from the department on Friday
asking him to turn up to give a statement.
“I was shocked when I was summoned to the department as this could jeopardise
the case I’m defending,” he said yesterday.
“I only answered parts of the questions because it violated legal ethics,”
Bernama quoted him as saying.
On July 5, Kumaresan and his brother Segar lodged a missing persons report when
he failed to contact Balasubramanian and his family.
Meanwhile, Ambiga said a lawyer was not supposed to give any information in the
absence of his or her client.
“This could jeopardise a lawyer’s profession,” she added.
Two sides to the coin written by Manjeet Singh Dhillon,
Sunday, July 13 2008 02:39 pm
This report disturbs me. I accompanied my client [another lawyer] to the same place in respect of probably the same investigation. We were with a different officer who was very professional and courteous throughout. I explained to the officer the scope of professional ethics and what a lawyer coould or could not reveal vis-a-vis his dealings with his client and his instructions. The officer fully understood and recognised the limitations placed upon a lawyer by his professional role and the recording of the statement went smoothly. My client and I saw nothing to complain about.
Just so that we understand the entire picture, merely being asked to come in for a statement is not harrasment. And one cannot refuse to go in to give a statement on the grounds that one is a lawyer. There is no such immunity or protection. It is only what happens during the recording of the statement that can or may amount to harrasment.
Perhaps different investigating officers approach the problem differently but lawyers too have to appreciate the degree and scope of privilege they can claim in respect of their dealings with their clients and this limitation must be carefully explained to the investigating officer. The lawyer must then stand firm. Any officer demanding a breach of the privilege rule must of course be reported.
Manjeet Singh Dhillon
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This report disturbs me. I accompanied my client [another lawyer] to the same place in respect of probably the same investigation. We were with a different officer who was very professional and courteous throughout. I explained to the officer the scope of professional ethics and what a lawyer coould or could not reveal vis-a-vis his dealings with his client and his instructions. The officer fully understood and recognised the limitations placed upon a lawyer by his professional role and the recording of the statement went smoothly. My client and I saw nothing to complain about.
Just so that we understand the entire picture, merely being asked to come in for a statement is not harrasment. And one cannot refuse to go in to give a statement on the grounds that one is a lawyer. There is no such immunity or protection. It is only what happens during the recording of the statement that can or may amount to harrasment.
Perhaps different investigating officers approach the problem differently but lawyers too have to appreciate the degree and scope of privilege they can claim in respect of their dealings with their clients and this limitation must be carefully explained to the investigating officer. The lawyer must then stand firm. Any officer demanding a breach of the privilege rule must of course be reported.
Manjeet Singh Dhillon