Lawyers and their Leaders
A lawyer is a member of the Malaysian Bar, and he is also a member of the State Bar. He pays subscription to the Bar Council and to the State Bar Committees. He participates in electing the leadership of the Malaysian Bar and he also do so with regard to the State Bar leadership.
When it comes to issues of law, justice and human rights which lawyers need to react, it is sad that many of the State Bar Committees adopt the position of “Let the Bar Council issue the Statement or do whatsoever necessary”. If this is the position of the State bar Committees, why then do we need to pay fees for the State Bar Committees and also elect leaders in the State Bar. It should be noted that we do not just elect a State Bar Representative to the Bar Council but also elect a Secretary and a full committee of the State Bar.
Recently Mr P. Uthayakumar, a lawyer and member of the KL Bar, was arrested at the Sepang Magistrate Court in Selangor. The charges he was later faced with concerns matters that happened in (or were so very related to) a court proceeding. In the said proceeding, which was an inquest, Mr P. Uthayakumar was acting for the family members of a man who possibly died in police custody. The Magistrate who was named in the 2nd charge, and who would possibly be a witness with regard to the 1st charge as well, sat and presided over the reading of the charge and also the bail application despite application made by Uthayakumar’s counsel that he recuse himself. Justice must not only be done but also be seen to be done.
A lawyer was arrested and later charged for something done while carrying out his duty as a lawyer. Lawyers rallied together in support, and was present at the Sepang Police Station and later at the Sentul Police Station where Mr P. Uthayakumar was being held. When Mr P. Uthayakumar was charged, lawyers were also present to show their solidarity. But alas, throughout the whole episode, no sitting member of the Bar Council or the KL or Selangor State Bar Committees, our “so-called” leaders, did turn up in solidarity and for moral support. When a lawyer is victimized, arrested, detained and/or charged it would be great if at least one of our leaders took the time and trouble to drop by at the Police Station and/or the Court . Our leaders knew about the arrest, detention and the charging but this “no-show” only further adds on to the perception of normal lawyers that all the Bar Council and the State Bar leadership wants is our money and/or to discipline us.
When Mr P. Uthayakumar, was charged the Bar Council sent lawyers for watching brief. The KL Bar and the Selangor Bar, both did not send anyone for at least a watching brief. I have heard that recently, Selangor Bar on the first mention date (22-2-2003) did send someone on watching brief. What about KL Bar - is P. Uthayakumar not a member of the KL Bar?
This is not merely a human rights case - this is a case where a lawyer is being charged - and his charges clearly relate to something done when he was carrying out his duty as an advocate and solicitor.
KL Bar did finally issue a Press Statement, which was published in the last issue of Relevan but all it essentially did say was that it supports the Bar Council’s earlier statement.
When a lawyer is victimized, even a small unknown lawyer, lawyers must come out fast in solidarity . Mr Mah, our Malaysian Bar President, was overseas at that time, but thankfully Mr Khutubul Zaman was quick to respond. State Bar Committees should have also come out with prompt responses without waiting for the Bar Council leadership - we cannot depend only on the Bar Council for statements. Now, after the statements, have anything else been done? What should have been dealt by way of a contempt proceeding, is now been made into a criminal charge - this has serious implications for our profession. The Bar Council and the State Bars, must beside issuing statements, seek appointments with the Chief Justice (as head of the Judiciary) and also the High Court Judge in Selangor who is in charge of the courts about what happened to ensure that this sad episode is never repeated to other lawyers. (Or maybe representations should be made to the Attorney General as the Magistrate comes under the Judicial and Legal Services Commission).
The numbers of lawyers that cast their ballot last year for the election of the Malaysian Bar was less than 30%. Most (if not all) State Bar Annual General Meetings fail to achieve their quorum. Most members of the Bar do not feel part of a body of the Bar. They pay their fees because it is compulsory - and that is it. So, unless leadership of the Malaysian Bar and State Bar Committees do something about this, the Bar as a whole will be weakened. One way of getting back lawyers support is to turn up at police stations and courts when lawyers get arrested, detained or charged especially when it relates to something that happened in their discharge of duties as a lawyer or it concerns some other issue of human rights and justice.
Charles Hector
February 2003