Kepada Hishammuddin Hussein dan Menteri-Menteri MELAYU:

KUASA ADALAH IBARAT SEBILAH PEDANG. JIKA IA SEKADAR DIGILAP, DIPERASAP, DISARUNGKAN DAN DIGANTUNG DI DINDING, BERAPA BANYAK PEDANG PUN YANG ADA, TIADA GUNANYA. TETAPI JIKA SEKALI SEKALA DIGUNAKAN, BIARPUN HANYA UNTUK MEMOTONG SEBIJI MANGGA, MAKA AKAN DIKETAHUILAH TAJAM TUMPULNYA.

Sunday, May 17, 2009

No one above the law

SEPANG: Inspector-General of Police Tan Sri Musa Hassan yesterday told the Bar Council to do some soul-searching before questioning the arrest of the five lawyers on May 7.

"First we should ask these questions, are lawyers above the law? Are they immune from actions if they commit an offence?"

"If they commit an offence, can it be said that they were trying to carry out their professional duties and responsibilities? These questions should be answered first," Musa told reporters at the Kuala Lumpur International Airport.

"If the Bar Council wants to be a pressure group, then they might as well become a non-governmental organisation. Lawyers are supposed to be professionals," he said.

"I will not allow Malaysia to become another Thailand. No organisation or body or person will be allowed to threaten national security and public order," Musa vowed.

On Friday, the Bar Council held an extraordinary general meeting and motions were passed demanding the resignations of Home Minister Datuk Seri Hishammuddin Hussein and Musa.

A resolution was also passed to submit a memorandum to Prime Minister Datuk Seri Najib Razak and to ask Chief Justice Tan Sri Zaki Azmi and the Human Rights Commission to look into the arrests of the five lawyers.

The five lawyers were arrested for gathering in front of the Brickfields police station to provide legal aid to those nabbed during a candlelight vigil in support of Bersih activist Wong Chin Huat.

For me, the police did the right thing - to detain those who were at the scene.

I welcomed any police action in bringing to book the unscrupulous and crooked lawyers. I'm concerned as the public and are keen to ensure the profession maintains its respectability. Errant lawyers must face the consequences. Even, Bar Council can take action under Section 88A of the Legal Profession Act 1976, if their members breaking the law.

Every Malaysian citizen is protected under the law and the constitution which must be respected by all citizens. No one is above the rule of law which must be respected by all to ensure peace and stability in the country.

If any wrong had been done, there was a machinery and procedure provided by law to deal with it. A police investigation should be carried. Steps should be taken to see if those responsible could be brought to book and to ensure that such lawless behaviour was not repeated.

How about lawyers who alleged offences such as criminal breach of trust, misappropriation of clients' money and for forgery?

There has to be discipline in the Bar Council. But, the Bar Council appears to have no idea what to do next. Sometimes, the Bar Council's reaction is drastic and inequitable. Yet again, when they are unable to control the disciplinary procedures, they devise a scheme to include the layman. Some disciplinary matters are complex.

Allegations concerning breach of ethics are not always clear and many lawyers have to seek clarification from an ethics committee which do not always act clearly. How then can a layman cope? If a system does not appear to work, then examine it. Do not rush in where angels fear to tread.

The previous system did not work because busy practitioners did not have quality time to investigate. Each inquiry involved seven lawyers. The disciplinary committee had three lawyers sitting as committee members, the secretary, the lawyer who is facing the inquiry and his counsel and also the complainant's counsel.
These lawyers also had to attend court regularly. For the committee to hear a case, it took a while to find the dates when the seven lawyers could attend the inquiry. No wonder it could and did take some committees almost a year to complete an inquiry which was actually a few days' hearing.

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