The Bar Council is very concerned about the recent events which have enveloped the nation particularly in respect of the publication in the media of the four affidavits filed by the prosecution when opposing Datuk S. Nallakaruppan’s application to be remanded at the Sg. Buloh prison instead of at the Bukit Aman police lock-up. The Counsel for Datuk S. Nallakaruppan had applied to the Court inter alia to expunge paragraphs 9, 10 and 11 of the affidavit affirmed by SAC II Musa Hassan. However even before full arguments were heard and a decision made by the Learned Judge on the application, the said affidavits were published in extenso in the media. The Bar Council views with dismay the lack of responsibility on the part of the media to publish the affidavits in their entirety which is most unusual and unprecedented.
The Bar Council is of the view that the publication of the affidavits which are not public documents within the Evidence Act may have been sub judice and even in contempt of court given the fact that the Learned Judge had not arrived at a decision at the time of publication.
The Bar Council is further of the view that the publication of the affidavit which contained serious allegations against a third party, who was not a party to the proceedings and was not in a position to be heard was a breach of the rule of natural justice and fair play.
The Bar Council hopes that by this publication a precedent will not be created where one is tried by the media. Such instances ought to be stopped as it infringes the constitutional right of a person to defend himself.
The Bar Council reiterates its stand that the Internal Security Act ought to be repealed and that Datuk S. Nallakaruppan should not have been charged under the Internal Security Act.
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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.