KUALA LUMPUR: The Malaysian Bar urges authorities to let lawyers discharge their professional duties without hindrance.
Malaysian Bar president George Varughese in a statement today said authorities must respect and uphold the rule of law, which includes the right of access to legal counsel who are free to perform their vital role without undue harassment or intimidation.
He said this in response to Siti Zabedah Kasim, known as Siti Kasim, who was charged on June 22 for obstruction over a Federal Territories Islamic Religious Department (Jawi) raid at a transgender event last year.
She was charged under Section 186 of the Penal Code and if convicted, could be jailed for up to two years or fined up to RM10,000, or both.
"Siti Kasim was present at the function in her capacity as an advocate and solicitor for the organisers and participants of the event.
"She had identified herself as a lawyer, and enquired about the basis for the raid. As such, she was discharging her professional duties as a lawyer at the time that the alleged offence was said to have been committed," Varughese said.
An advocate and solicitor's independence to act for a client without fear or favour is fundamental to the administration of justice, Varughese said, adding that a lawyer must be allowed to advance a client’s rights without obstruction or impediment, or fear of prosecution for carrying out a duty as an officer of the court.
"Any unwarranted interference with the discharge of such duties is a serious violation of the independence of the legal profession, and an affront to the administration of justice," he said.
The charge against Siti Kasim, Varughese added, was contravening to Principle 16 of the United Nations Basic Principles on the Role of Lawyers.
It provides that governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.