The Police are an integral part of the Criminal Justice System. Lawyers are an equally integral part of the process. Hence all right-thinking people in the country would be affected if these 2 parts of the system are seen to be in conflict.
It is in this light that the Bar Council is gravely disturbed about the arrest of Cheah Kah Peng, a young lawyer, in Petaling Jaya Police Station on 16th April 2000. Saudara Cheah was at the Police Station for the purpose of looking after the legal rights of his client, Tian Chua.
Saudara Cheah has informed the Bar Council that he was forcibly pushed away from his client, angrily shouted at by Police Officers and then told he was going to be charged with obstruction of public servant in the course of his duties. Saudara Cheah was there to protect his client in the execution of his duty. Instead he was thoroughly intimidated, pushed around and accused of a criminal offence.
After having seen and heard Saudara Cheah and read the Police Report lodged by Saudara Cheah at the P.J. Police Station at the time of his arrest, the Bar Council requested an urgent meeting on this issue with the Deputy Inspector General of Police, Dato’ Jamil Johari, in the absence of the Inspector General who is currently overseas.
The Bar Council welcomes the positive reaction of the Deputy I.G.P. who met the representatives of the Council on Thursday 20th April 2000. The Bar Council emphasised that while not wishing to lessen public confidence in the Police in any way, the Bar Council was concerned that events such as 16th April 2000 may cause lawyers to fear to enter Police Stations or to act fearlessly in the defence of their clients.
Dato’ Jamil assured the Council that there would be full investigation into the whole incident. He re-assured the Bar Council that he and his senior officers fully appreciate the role of the Bar Council and the function of the individual lawyer seeking to protect his client.
Dato’ Jamil stated that the Police were generally concerned to ensure that investigations are not impeded. However, Police Stations should be safe places and no cases of intimidation should occur. Both parties were of the view that over-zealous officers could mishandle a situation but efforts would be made to ensure that the rights of a client to consult a lawyer as well as the right of the lawyer to carry out his functions are respected by the Police.
The Bar Council stresses that the independent lawyer is a vital asset in national development and a key element in the development of a healthy vibrant democracy.
The Bar Council is continuously monitoring the situation to ensure that lawyers in Malaysia will be able to carry out their functions without fear or favour and completely free from any threats or retaliation.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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