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A member of the Bar, Mr. Uthayakumar, was attacked and assaulted on Monday night (10/5/04). Apart from describing the incident, Mr. Uthayakumar had in his police report stated that he believed the reason behind the attack was connected with cases in which he is acting as an advocate and solicitor, and in which serious allegations have been made concerning police brutality and abuse of power by the police. Some of these cases involve deaths which occurred in police custody or during police shootings.

Mr. Uthayakumar further stated that he had earlier reported to the police other incidents where he had received threatening phone calls, and an incident when the windscreen of his car was smashed.

The Bar Council views the incident with serious and urgent concern, especially in the light of the background circumstances described by Mr. Uthayakumar. The Bar Council calls upon the Inspector General of Police to immediately order a thorough investigation into the matter, to be carried out by senior officers who are not connected with those incidents relating to the cases in which Mr. Uthayakumar is acting in his professional capacity.

Lawyers, activists and citizens who in various ways deal with cases of alleged abuse of police power are positive contributors to the development of the Malaysian society. They must be able to operate in an environment that is free from both the fear of reprisal as well as the perception of the possibility of reprisal. Hence, it is important that an allegation that there may be a more sinister dimension to the recent incident involving Mr. Uthayakumar must be taken seriously, and be investigated with objectivity and thoroughness; as public confidence is at stake. If Mr. Uthayakumar’s belief or suspicion turns out to be true, the perpetrators (no matter who they may be) must be exposed and made to answer.

Dated 12^th May 2004

Hj. Kuthubul Zaman Bukhari
Chairman
Bar Council