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SUHAKAM Public Inquiry into the Arrest & Detention of Five Lawyers of the Kuala Lumpur Legal Aid Centre 17 Aug 2009 12:00 am

Contributed by Adilah Ariffin

On 7 May 2009, five members of the Bar Council Legal Aid Centre (KL) were arrested when they requested access to persons detained at the Brickfields Police Station. SUHAKAM is conducting a public inquiry into the incident.

The Inquiry took place from 14 to 16 August 2009 at SUHAKAM which is located at Menara Tun Razak on Jalan Raja Laut. The three Commissioners conducting the inquiry are Dato’ Muhammad Shafee Abdullah  (Chairperson), Dato’ Dr Denison Jayasooria and Dato’ Dr Michael Yeoh Onn Kheng.

A team of lawyers headed by Mr M Puravalen, acting for the 5 legal aid lawyers, a watching brief team from the Malaysian Bar headed by Mr Andrew Khoo, Ms Shubhaa Srinivasan holding a watching brief for the Law Society of England and Wales, and a team of officers from the Polis Di Raja Malaysia took part in the proceedings.

The Inquiry started with a full–packed room on the first day, with many members from the Bar Council, including several outstation members coming to show support. A total of four witnesses were called to testify on the first day (14 August 2009), namely Ms Ginie Lim Siew Lin, Mr Teh Yee Keong, Mr Neow Ti Hooi, Mr Gan Zhi Jie and YB Elizabeth Wong.

With the exception of YB Wong, all the other four witnesses were among those arrested and detained for participating in the candlelight vigil for Bersih activist, Mr Wong Chin Huat, on 7 May 2009.  

On the second day of the Inquiry (15 August 2009), two more witnesses who were arrested and detained for participating in the candlelight vigil, Mr Lee Song Yong and Mr Ng Chong Soon, were called to testify.

One of the five arrested lawyers, Ms Puspawati Rosman was also called to testify on the second day, and the day concluded with her testimony. The other lawyers detained on 7 May at the Brickfields police station were Ms Fadiah Nadwa Fikri, Ms Murnie Hidayah Anuar, Mr Ravinder Singh Dhaliwal and Ms Syuhaini binti Safwan.
 
The third day of the Inquiry began with Ms Fadiah on the stand. The President of the Malaysian Bar, Mr Ragunath Kesavan was also called to testify on the third day (16 August 2009). His testimony was mostly on the conduct of the police officers in the aftermath of the arrest of the five lawyers.

The Inquiry, however, could not be concluded within the three days scheduled and the Commissioners have scheduled the following dates to continue with the Inquiry:

●  29 August 2009 (Saturday) from 9.00am;
●  30 August 2009 (Sunday) from 2.00pm;
●  2 September 2009 (Wednesday) from 9.00am;
●  3 September 2009 (Thursday) from 9.00am;
●  11 September 2009 (Friday) from 9.00am; and
●  12 September 2009 (Saturday) from 9.00am.

Members are urged to attend the Inquiry on the dates stated above to show strong support for access to legal representation and condemnation on the wrongful arrests and detention of lawyers who were performing their professional duties.

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