Report: Bar Council Legal Aid Quintet Released Unconditionally

Friday, 22 May 2009 07:12pm

Contributed by Sumitha (Executive Officer)         The (5) Legal Aid Lawyers who were arrested on 7 May 2009 were told that their respective police bails were revoked when   they turned up at the Brickfields Police Station at 10.00a.m. today.  This announcement by the police meant that the (5)   Legal Aid Lawyers arrested - Fadiah Nadwa binti Fikri, Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh   Dhalliwal and Syuhaini binti Safwan – have been released unconditionally.    Police bails were also revoked for the (14) individuals who had been arrested in connection with a candlelight vigil held on 7   May to protest the arrest of BERSIH activist Wong Chin Huat.      About (50) people, including lawyers and chambering pupils, gathered outside the police station this morning to show their   support for these lawyers and individuals.           Update 5 lawyers won't face charges Written by Chan Kok Leong    Friday, 22 May 2009 10:46 KUALA LUMPUR: Some 60 people, consisting of Malaysian Bar Council lawyers and Bersih activists, gathered at the Brickfields police station this morning.   The crowd had gathered to show support for five lawyers who were arrested during a candlelight virgil held on May 7.   The five Bar Council Legal Aid Centre (KL) lawyers, who were arrested last week, were reporting to the police station to find out if they will be charged.   The lawyers are Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Puspawati Rosman, Ravinder Singh Dhalliwal and Syuhaini Safwan.   Apart from Puspawati, all four turned up with their lawyers — Latheefa Koya, N Surendran, Ravi Nekoo and Lim Chee Wei.   Four of the lawyers five lawyers detained last week. Photo by Chan Kok Leong Bersih leader and political analyst Wong Chin Huat and Bar Council's human rights committee chairman Andrew Khoo were also present.   The five lawyers were arrested alongside Bersih activists, who held a candlelight vigil for Wong, on May 7.   Wong was detained on May 5 for sedition. The activist was alleged to have urged Malaysians to wear black in the 1BlackMalaysia campaign to protest the Barisan Nasional takeover of Perak in February.   Three Bar Council lawyers were allowed in to negotiate before Brickfields OCPD ASP Wan Abdul Bahari Wan Khalid came out with a loud speaker to disperse the crowd.   However, after some 20 minutes, the lawyers — N Surendran and Bar vice president Lim — emerged to say that the five will not be charged. At a short press conference after that, Lim reiterated the Bar Council’s stand for the setting up of the Independent Police Complaints and Misconduct Commission.   At a press conference inside the police station later, the Brickfields police chief expressed surprise over the appearance of the five lawyers and 15 others.   According to him, the police had informed lawyer M Puravelan, who represented all those arrested, that no action would be taken and they need not report back.   "What happened today should not have happened. The police have contacted the Bar Council yesterday at 5.15pm and talked to Puravelan," Wan Ahmad told reporters.   "I have told him they do not have to come because we do not need them anymore to assist us in the investigation.   "So I do not understand why they are here today."       Five lawyers, 15 others won't face charges (The Nut Graph) 22 May 2009 Police Accountability News Five lawyers, 15 others won't face charges (Updated 2.40pm) 22 May 09 : 10.45AM   By Gan Pei Ling ganpeiling@thenutgraph.com   Updated at 2.40pm   KUALA LUMPUR, 22 May 2009: The 20 people, including five lawyers, who were released on police bail recently, are not expected to face charges after the police announced the bail ended today.   Brickfields district police chief OCPD Wan Bari Wan Abdul Khalid said today the police were not extending the bail.   On 7 May, police arrested 15 people for illegal assembly a candlelight vigil in front of the Brickfields police station. The vigil was held in support of political scientist and activist Wong Chin Huat, who was arrested from 5 to 8 May for alleged sedition.   Lawyers from the Kuala Lumpur Legal Aid Centre — Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Puspawati Rosman, Ravinder Singh Dhalilwal and Syuhaini Safwan — were arrested after they went to the police station to meet those who were detained for holding the vigil.   The lawyers were arrested after they had asked to meet the detainees and were denied access to them by the police.   The 20 were released on police bail the next day and were asked to report to the police station at 10am today.   Nineteen of them turned up at the police station today, except lawyer Puspawati, who had to attend a court case in Shah Alam. They were represented by lawyers Latheefa Koya, N Surendran and Ravi Nekoo.   Only the lawyers were allowed into the police station while the other 15 people were denied entry.   More than 30 other lawyers, including Bar Council vice-chairperson Lim Chee Wee, Wong and members of the public, also turned at the police station to show support for the 20. Some of them were in black attire.   At around 10.20am, the police used a loud hailer and ordered the crowd, including the 15 who were denied entry, to disperse immediately.   Later, Wan Bari told reporters he was surprised that the 20 people showed up today. He said the police had informed senior lawyer M Puravelan at 5.15pm yesterday that the 20 were not required to be present at the police station today. He said Puravelan was present when the detained were released on police bail on 8 May.   "[This] should not have happened... We have told Puravelan they don't need to come because we don't require their assistance in investigation or for any other purpose anymore... I don't know why they're here today," Wan Bari said at a brief media conference. He also said he did not want to take any questions from the reporters.   Latheefa told The Nut Graph later she was not aware of the police's decision yesterday. "How are we supposed to know? Why didn't the police contact our clients and us (the lawyers representing the 20 people) directly? They can't simply call any lawyer from the Bar Council," she said.   One of the 20 people, Chua Yee Ling, confirmed with The Nut Graph that she did not receive any call from the police. "The others were also not aware of it. That's why all of us turned up at the police station today," she said.   The Nut Graph tried to contact Puravalen and was informed by his personal assistant that he was in court today.   The Bar Council held an extraordinary general meeting on 15 May in response to the incident and plans to sue the government for the unlawful detention of the five lawyers and for denying them access to detainees.         Vigil arrests: Lawyers and others off the hook The police warning the crowd to disperse. — Picture by Jacky Ooi UPDATE 4 By Syed Jaymal Zahiid KUALA LUMPUR, May 22 — The police will not charge those arrested — including five lawyers — at a candle-light vigil last week, ending further embarrassment to themselves as rights groups blasted the crackdown. They said there was no need to extend their bail as the police would not be pursuing the case anymore. Earlier today, a large group of lawyers gathered outside the Brickfields police station in support of their five colleagues who were held while trying to provide legal assistance to 14 activists who had been arrested for attending the candle-light vigil. Also outside the police station this morning were more than a dozen activists in black T-shirts including Bersih spokesman Wong Chin Huat. While the morning starting out calmly, the situation later almost turned into a repeat of last week's fiasco when the police ordered the crowd to disperse and threatened to make arrests if people ignored the warning. The police said the crowd had no permit to gather and they would be arrested for illegal assembly if they did not disperse. A light strike force was already on standby at this point. After three warnings, the police started moving in to make arrests but at this point the crowd had already moved away from the police station entrance. No arrests were made. Brickfields OCPD Wan Bari Wan Abdul Khalid, speaking at a press conference later, said it was not necessary for the crowd to gather as those arrested last week had been informed that they need not return to the police station. He said the police had already contacted the lawyer representing all of those arrested yesterday evening informing them of the police's decision not to pursue the case anymore. "That is why we told the crowd to disperse. It is wrong for them to do that," he said. Human rights lawyer Latheefa Koya, however, claimed the lawyers were not informed of the police decision. "If we were informed, you won't have the Bar Council vice-president Lim Chee Wee present at the police station," she told The Malaysian Insider. Earlier, Lim reiterated calls for the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) to prevent similar incidents in the future.

Police puzzled why group turned up at Brickfields

Friday, 22 May 2009 04:21pm

©The Star  by M. Kumar KUALA LUMPUR: Around 30 people turned up in front of Brickfields police headquarters Friday morning around 10am only to be turned away. The group claimed that they were summoned there by the police to give their statements on the incident on May 7 in which 20 people, including five lawyers, were arrested at a candlelight vigil outside the district police headquarters. However, district OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid denied the claims, saying the police had informed the Malaysian Bar council directly on Thursday evening that no charges would be brought against them. “I have informed the group’s lawyer M. Puravalen, about the decision,” he said, adding he did not understand why the   group, which included the 20 people arrested and several supporters, had turned up at all.                                                                            (Note By Ravin Singh: This statement inaccurate: Please wait for further clarification!)

Legal Aid Lawyers to Report to Brickfields Police Station, Kuala Lumpur – 10 a.m. Friday 22 May 2009

Circular No 147/2009 Dated: 21 May 2009 All Members of the Bar and Pupils in Chambers Legal Aid Lawyers to Report to Brickfields Police Station, Kuala Lumpur – 10 a.m. Friday 22 May 2009 The (5) Legal Aid Lawyers who were arrested on 7 May 2009 are presently on police bail and they have been asked to report to the Brickfields Police Station, Kuala Lumpur, at 10 a.m. on Friday, 22 May 2009. Members of the Bar and Pupils in Chambers are invited to turn up at the police station to show their solidarity with the (5).   The (5) members of the Bar Council Legal Aid Center (KL) – Fadiah Nadwa binti Fikri, Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal and Syuhaini binti Safwan were arrested when they went to the Brickfields police station and in their capacity as Advocates & Solicitors attempted to gain access to (14) persons detained earlier that night in connection with a candlelight vigil.   On 20 May 2009, Ragunath Kesavan, President of the Malaysian Bar presented a memorandum to SUHAKAM Commissioner, Datuk Dr. Chiam Heng Keng calling upon SUHAKAM to conduct a public inquiry into the arrest of the (5) Bar Council Legal Aid lawyers.   On 19 May 2009, the President issued a Press Statement in which he responded to criticisms against the Malaysian Bar by the Minister for Home Affairs, the Inspector-General of Police and the Minister in the Prime Minister’s Department.   We are in the process of preparing a memorandum to the Prime Minister and also looking into the possibility of filing a suit in relation to Section 28A (4) of the Criminal Procedure Code (CPC).   An arrested person’s right of access to a legal practitioner is guaranteed by Section 28A (4) of the CPC and Article 5(3) of the Federal Constitution and this made it incumbent on lawyers to try to see their clients at police stations. The Bar Council will continue to pursue this issue and protest any action by the police, which seeks to discourage lawyers from being present at police stations to assist detained persons. Towards this end we look forward to your continuing support.   Thanking you.   George Varughese Secretary

                                                                                                                                                                 

May 13, 2009 Mr Ragunath Kesavan President Malaysian Bar Council No 13, 15 & 17 Leboh Pasar Besar Kuala Lumpur 50050 MALAYSIA Per facsimile: + 603 2034 2825   Dear Mr Kesavan   Re : ARREST/DETENTION OF LEGAL AID LAWYERS                       I write on behalf of LAWASIA to express our concern over recent reports of an incident on 7 May at Brickfields Police Station in Kuala Lumpur where Legal Aid Centre lawyers were not only prevented from gaining access to their clients but were also themselves arrested, interrogated and detained by police.           LAWASIA is aware that the Malaysian Bar has spoken out strongly against these police actions and intends to pass a resolution expressing its protest at the wrongful treatment of lawyers and the denial of their clients’ right to communicate and consult with a legal practitioner of their choice.          LAWASIA stands in firm support of the Malaysian Bar’s actions in this regard and expresses its hope that Bar members will also indicate full support of their representative body as it properly condemns this attack on the fundamental role of lawyers and the constitutionally enshrined rights of their clients. LAWASIA shares the view that the incident on 7 May constitutes a disturbing breach of the rule of law and endorses the Malaysian Bar’s call for disciplinary action against the police officers responsible.          We hope that LAWASIA’s support of the Malaysian Bar Council’s stance will indicate to Malaysian Bar members that the legal community of the region shares their determination not to tolerate the abuse of police powers and the arbitrary denial of civil rights that this situation signifies.   Yours sincerely   Glenn Ferguson PRESIDENT

Founded in 1966

ABN 81 086 903 479 Law Society House 179 Ann Street Brisbane QLD 4000 AUSTRALIA Correspondence to: GPO Box 980 Brisbane QLD 4001 AUSTRALIA International: T: (61 7) 3222 5888 F: (61 7) 3222 5850 E: lawasia@lawasia.asn.au W: www.lawasia.asn.au President: Mr Glenn Ferguson President-Elect: Mr Lester G Huang Past President: Mr Mah Weng Kwai Secretary-General: Ms Janet Neville Vice Presidents: Ms Malathi Das Mr Graham Leung Mr Isomi Suzuki ExCo Members: Mr Ian Haynes Dr Gordon Hughes Mr Prashant Kumar Mr Bishwa Mainali Mr Edgar Tarriela Mr Jung Hoon Lee

Bar's EGM: Multitude of lawyers unanimously condemn arrest of lawyers Friday, 15 May 2009

Saturday, 16 May 2009 12:36am

Contributed by Chin Oy Sim, Executive Officer, Bar Council Secretariat, with photos by T.Shan A heartening multitude of 1,429 lawyers and 81 chambering students unanimously and unequivocally called for the resignation of the Minister for Home Affairs, the Inspector-General of Police and the OCPD of the Brickfields police station at the Malaysian Bar’s Extraordinary General Meeting (EGM) this afternoon. The EGM was called following the arrest of five Kuala Lumpur Legal Aid Centre (KL LAC) lawyers at Brickfields police station last Thursday evening.  The five lawyers – Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan  – were arrested when they tried to gain access to their clients who had themselves been arrested earlier that evening, for participating in a candlelight vigil in support of arrested political scientist Wong Chin Huat. The quorum of 500 was reached even before 3 p.m., clear testament to the intensity of the legal community’s condemnation of the incident.   A Malaysiakini video that captured the vigil and the arrest of the lawyers was screened at the outset, thus setting the tone for the EGM.  The lawyers booed loudly as they viewed the OCPD’s handling of the situation and the manner in which the lawyers were treated.  A second Malaysiakini video showing the solidarity gathering at the Jalan Duta courts last Friday morning was also screened.  Each of the five lawyers took to the stage and gave a brief personal account of their ordeal and highlighted various aspects of their detention.                                                                         Several lawyers spoke from the floor and vigorously denounced the incident.  Most of them called for the motion, which had been proposed by Ragunath Kesavan, the President of the Malaysian Bar, to be stronger in language.  The EGM attendees listened in rapt attention and were generous with their applause and vocal expressions of support for the statements made and suggestions put forward.                                                                           No vote was needed as the motion, as amended, was carried unanimously.  The EGM was adjourned at 5.15 p.m.                                                                              Motion Whereas on the night of 7 May 2009, five members of the Kuala Lumpur Legal Aid Centre, Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan (collectively known as the “LAC Lawyers”), in their capacity as Advocates & Solicitors, had requested the police at the Brickfields Police Station for access to the detained persons who were arrested that same night whilst holding a candlelight vigil at the same Police Station over the recent arrest of political scientist Wong Chin Huat.  Whereas Article 5(3) of the Federal Constitution entrenches the fundamental right of a person to consult and be defended by the legal practitioner of his/her choice. Further, sub-sections 28A(2) to (7) of the Criminal Procedure Code (“CPC”) set out in detail the rights of arrested persons including their right to communicate and consult with a legal practitioner of their choice. Whereas the Police denied the LAC Lawyers access to the detained persons, the Police, without any reasonable grounds, proceeded to arrest the LAC Lawyers and only released them on police bail the following day at around 3 p.m., notwithstanding the repeated requests by other lawyers for their immediate release. NOW IT IS HEREBY RESOLVED THAT THE MALAYSIAN BAR: 1.    Strongly condemns and denounces the wrongful arrest, detention and interrogation of the LAC Lawyers. 2.    Strongly condemns and denounces the blatant transgression of the rule of law and the constitutional right of every person to counsel and access to justice. 3.    Strongly condemns the unnecessary arrest and detention of those exercising their constitutional right to assemble peaceably.  4.    Strongly condemns the arbitrary, improper and frequent resort by the Police to section 28A(8) of the Criminal Procedure Code, thus denying an arrested person access to counsel and making the right provided under section 28A(3) meaningless. 5.    Strongly condemns and denounces the appalling treatment of the LAC lawyers and all those held in custody, including compelling them to wear lock up uniforms and unnecessarily handcuffing them.  6.    Strongly condemns and denounces the Police for deliberately refusing to disclose to their family or their lawyers any information in relation to the LAC lawyers after their arrest, including their location and their next course of action.  7.    Demands the resignation of the Minister for Home Affairs, the Inspector-General of Police, OCPD ACP Wan Abdul Bari bin Wan Abdul Khalid and DSP Jude Pereira of the Brickfields police station over this shameful incident.  8.    Condemns the gross abuse of police powers and demands that the Government offer an unconditional apology to the LAC Lawyers. 9.    Demands that the Government commit to and uphold the Rule of Law as enshrined in the Federal Constitution.  10.    Reiterates its previous calls on the Government to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in its original form to serve as an independent external oversight mechanism. 11.    Demands that the Government uphold and defend the fundamental rights of advocates and solicitors to discharge their responsibilities to their clients in an environment free from threats and intimidation and unhindered by law enforcement agencies.  Proposed by:  Ragunath Kesavan Dated:  8 May 2009 The motion, as amended, was unanimously carried.

Published: F

THE STAR

Friday May 15, 2009 MYT 9:12:00 PM

Bar Council wants Home Minister, IGP to resign

By LESTER KONG

Black Thursday

Why Black Thursday? Well, its the one day in Malaysian History that Lawyers were arrested while trying to see their clients, seems like a Black day to me. 

On the 7^th of May 2009 we attended court as usual that morning. I had a matter fixed for Submission in Sessions Civil Jalan Duta. Noting was significantly different about the said day except for the fact there was some discussion about the arrest of certain members of the public who were involved in a Vigil being arrested the night before.

The day ended with the usual leaving of the office at 8pm and heading out for some dinner. At around 9 I got news that 10-12 people had been detained while carrying out a Vigil outside of Brickfields Police Station. After a quick meal I headed down to Brickfields where I met up with 4 other Legal Aiders who had been there for sometime.

Our ONLY aim at the time was to speak to someone in charge, either an arresting officer or Investigating Officer. We however were stonewalled with answers by the front line security of the Police Station who kept saying “dia dalam mesyuarat”.

At around 11 we heard chanting from the detainees saying “We want lawyers! We want Lawyers!” The remainder of the ‘vigil participants’ and/or members of the public outside the Police Station singing ‘Negaraku’ soon followed the chanting.

Within minutes of this presentation, an DSP (Deputy Superintendent of Police) decides to come inform the 5 Counsels that he is invoking Section 28A (8) of the Criminal Procedure Code. He relied on the said Section as a means of refusing the detainees access to Legal Counsel. Immediately after the alleged invoking of the Section, he briskly walked away, completely ignoring the Lawyers questions that followed.

My learned friends have already written in significant details about the sequence of events that led to our arrest. I would like to just make one note that would clear the air with all Lawyers and Members of the public….. We were NOT part of any protest!

We were only trying to see our clients. The videos showing this are pasted all over youtube and it can be clearly seen that we posed no threat to anyone nor were we disturbing the peace or trying to organize an illegal gathering amongst the 5 of us. I till this date don’t know what haunted the OCPD of Brickfields Wan Bahari to think that we were there in an illegal/unpermitted gathering.

After the said OCPD gave us 3 minutes to disperse and then proceeded with his very accurate counting of 3 minutes, the arrests began. His attempt to so call ‘disperse’ a “crowd” led to the arrest of 6 of us that made was made up of 5 lawyers and 1 Journalist.

After being detained ourselves, we obviously were no help to our clients anymore. We were first kept under a shade on the left as one faces the Police station. After around an hour I was removed from the group and taken for questioning.

I am not too sure how to describe the questioning, however I will say that the Police did not take kindly to being told “saya akan menjawab semua soalan Tuan di Mahkamah”. The two Police Officers who tried to take my statement (one Male and one Female) were not too happy with me claiming that I will answer all questions at court. Why?, I haven’t the slightest idea.

I was soon reunited with my comrades for a short stint while the earlier DSP now was calling us into his room individually with his juniors sitting all around the room. The purpose of this visits to his room was to explain to us that WE TOO were being refused right to counsel under Section 28A (8).

 Not too long later, once we had all completed our complementary crash course in Section 28A (8) of the CPC, we were moved to a room one floor down. For some reason, the Journalist and myself were being transferred between rooms for no apparent reason a few time. At around 3.30am to 4am we (the Journalist and myself) we asked to make our way downstairs where 2 police cars awaited. I was put into the second car and was flanked by 2 police officer in the very snug back seat of a Proton Waja. Just before we took off, I asked the Police Officer in the car, “Tuan, kita sekarang pergi ke mana?”. To which he promptly replied with utmost confidence “tak tahu”.

To my benefit, a fellow Legal Aider saw me being removed from the Police Station by car which confirmed for them that I was not being held in Brickfields.

After a 15-minute joyride, I was produced at the Taman Tun Police Station. Only the Journalist and myself was taken to the Taman Tun Police Station. Here immediately our belongings were noted down and placed into an envelope that was later sealed and kept for safekeeping I am told.

We soon were required to change into Prison clothes which in our case involved a black track pants and a faded pink T-shirt which states ‘Lock-up’ amongst other words on it. I must say, although it read XL on the collar, it was rather snug which gave a rather suggestive look.

We were put into the cell where 5 other inmates were being held. By now it was around 5am. We heard nothing from anyone and were left in the cell until 12.30pm that day. At 12.30pm, again they started with my statement, the same Police Officer who attempted questioning at Brickfields had now come to Taman Tun to take my statement. The answers remained the same and for some reason had the same effect.

At 2.30pm we were allowed to change back into our own clothes and were soon driven back to Brickfields Police Station where we were released on Bail.

Several integral parts of this sequence of events have been deliberately omitted to avoid anyone misquoting or misunderstanding the situation we had to endure.

However we intend to educate the members of the Bar on the said sequence of events at the upcoming EGM on the 15^th of May (this Friday). Please do take the initiative to make it as this is one of those times where strength in numbers is of paramount value!  

Yours truly,

Ravinder Singh Dhalliwal

(Chair KL LAC)