The Bar Council notes with concern the police raid on the Malaysiakini office on 20 January 2003 which was apparently carried out as a result of a report lodged by the UMNO Youth last Friday which alleged that letter written by a Malaysiakini reader and published on 9 January 2003, contained 'false allegations'.
As a result of this report, the police swooped down on the offices of Malaysiakini without prior notice and indiscriminately seized all 15 computers and 4 servers at the office for purposes of investigation and refused to permit any copies of materials to be made, thereby ensuring the complete and effective shut down of the operations of Malaysiakini, Malaysia’s first online news daily.
The Bar Council is of the view that the actions of the police were unreasonable and unwarranted as there was no necessity to seize all the operational equipment of Malaysiakini to prove a charge of sedition if that was the intent of the action taken. The offending publication was readily available and in the normal course of investigations, the editor in chief of Malaysiakini or any staff could have been interviewed and asked to provide the required information to the police, failing which, the police could have taken appropriate measures against them under the law. The extreme action taken by the police seems to be an attempt to silence the voice of dissent and to suppress freedom of speech which is the right of all Malaysians.
The Bar Council maintains that freedom of speech and expression are fundamental to the continued evolution of a democractic society and public debate should never be curtailed in such a fashion. The actions by the police is a hindrance to a progressive nation that is thriving to achieve developed status by the year 2020.
Accordingly, the Bar Council calls upon the Inspector-General of Police to look into this matter and take the appropriate steps to return all Malaysiakini’s operating equipment so that Malaysiakini.com can continue to function normally.
Haji Kuthubul Zaman Bukhari Vice-Chairman Bar Council
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