PETALING JAYA: The Malaysian Bar is troubled that the police continue to grossly misconstrue their investigative powers and exercise them in a high-handed and oppressive manner.
In a statement on Monday (June 25) night, Bar president George Varughese said that powers to arrest are not meant to be used to begin gathering evidence against an individual.
"Further, investigative powers cannot be used to arrest or detain individuals or to seek remand orders only for the purposes of gathering evidence," he added.
Varughese was referring to the arrest and detainment of activist lawyer Siti Kasim for purportedly kidnapping her client and for allegedly obstructing a public servant in the discharge of his/her public functions pursuant to sections 363 and 186 of the Penal Code respectively.
The above had "appalled and outraged" the Malaysian Bar.
"At the outset, the police should have conducted thorough investigations in respect of any police report lodged against Siti Kasim rather than simply proceeding to effect an arrest. The powers of investigation and arrest must not be used to intimidate suspects and the application for remand orders must be used sparingly and only when necessary," he cautioned.
Varughese said that this failure to act in an impartial manner undermines the credibility of the police force and further erodes their neutrality, integrity and professionalism.
"The conduct of the police in this case will invariably give rise to an irresistible inference in the public's mind that the police are once again abusing their power," he warned.
The Malaysian Bar demanded that the police recognises and respects the role and responsibilities of lawyers and refrains from any action that is likely to harass, impede or obstruct them from performing their duties.
"It is to address such abuses and high-handedness of the police as in this case that the Malaysian Bar has relentlessly advocated the setting up of the Independent Police Complaints and Misconduct Commission (IPCMC).
"The Malaysian Bar calls on the Government to fulfil its electoral pledge to establish the IPCMC without further delay," he added.
On June 21, Siti was informed that her client had been taken to Kajang Hospital for a medical examination without her client's consent.
Siti's client then left the hospital on her advice and sought temporary refuge at her home.
According to Varughese, Siti was at all material times discharging her duties as an advocate and solicitor, as instructed and appointed by her client.
On June 23, a number of police officers forcibly gained entry into Siti's home when she was not in by breaking open several locked doors to gain access to her client, allegedly to prevent her from injuring herself and others.
When Siti queried the police as to the whereabouts of her client, she was asked to report to the Kajang Police Station, where she was arrested pursuant to section 363 and section 186 of the Penal Code.
Siti was thereafter handcuffed and remanded overnight before being produced at the Kajang Magistrates' Court on June 24.
At the remand hearing, the police sought a four-day remand order.
"However this was only in respect of the allegation of obstruction of a public servant under section 186, and interestingly, there was no reference of the initial allegation of kidnapping," Varughese said.
After hearing submissions from all parties, the magistrate refused to grant the application for remand, and the police are said to be still investigating the matter.
In addition, the Malaysian Bar stressed that the independence of an advocate and solicitor to act for a client without fear or favour is fundamental to the administration of justice.
"A lawyer must at all times be allowed to advance a client's rights without obstruction or impediment, or fear of prosecution for carrying out his or her duties 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," said George.
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