KUALA LUMPUR: A controversy has developed over legal advice
by a court-appointed lawyer to 29 Hindraf supporters who pleaded guilty to
participating in an illegal rally on Nov 25 last year.
Nine of those who paid a RM1,000 fine are claiming that they
did not tell their lawyer, Datuk N. Sivananthan (picture), that they
wanted to plead guilty.
According to a spokesman for the nine, Sivananthan had asked them to indicate
their plea on pieces of paper to know who wanted to go to trial.
He alleged the lawyer saw judge Akhtar Tahir at the mention of the case and told
him that 29 members of the group wanted to plead guilty.
The spokesman said they were not given a chance to decide on their plea in court
and were surprised by the turn of events.
Akhtar gave them two months to pay their fines on the understanding that they
could extend it to six months.
Twenty-five others claimed trial with the case coming up for hearing on Nov 17.
Hindraf chairman P. Wathyamoorthy, in exile in London, had later claimed that
those who had pleaded guilty were treated unjustly.
Sivananthan later told the court that his team of lawyers was withdrawing from
representing the 25 others.
Akhtar told the accused that the trial would continue even if new lawyers were
not appointed.
The spokesman said those who had pleaded guilty were upset that they had not
been given an opportunity to have their case heard.
Sivananthan, meanwhile, said he was "shocked and disappointed" by the allegation
that the 29 had been "coerced" into pleading guilty.
The Kuala Lumpur Bar Criminal Practice Committee chairman said those who pleaded
guilty were aware that they could have claimed trial like the 25 others.
"We explained to them that with 54 accused and 200 subpoenas issued by the
court, it would take time for the court to proceed. It's a different matter if
there was only one accused."
Sivananthan said the 29 had voluntarily pleaded guilty and confirmed facts in
support of the charge.
"They were also advised about the consequences of pleading guilty," said the
lead counsel among a group of seven lawyers from the KL Bar's Legal Aid Centre.
He said all those who pleaded guilty had signed letters confirming that they
wanted to do so.
Sivananthan said the accused were allowed to ask questions to clear their doubts
on their plea.
"We then told them to go back and think about it before coming to court the
following day."
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