Saturday, September 18, 2010

Same Old PEKIDA



The infamous NGO

PEKIDA, the so called Islam based NGO today called for a new entity to regulate the ethics and conducts of lawyers in consequence of what have happened to Sosilawati, Ahmad Kamil Abdul Karim, Noorhisham Mohammad and Kamaruddin Shansuddin few days ago. The gruesome murders of those figures was said to have been perpetrated by two lawyers, hence the call by PEKIDA!

First of all, the duo were suspended from active practice since November last year but received a stay pending appeal later in October this year. Furthermore, such suggestion is not practical as the Bar has no power and resources to monitor and police the lives of individual lawyers. Even the police themselves will not be able to do so.

PEKIDA's suggestion to put the conduct and ethics of lawyers under the purview of the Attorney General, away for the Bar surely is against the interest of everyone including members of the so called NGO. Logically, if they are put under the purview of the AG it effectively ends their freedom and freedom is the essence of justice. Being part of the justice system they should enjoy the freedom to observe, conduct and discharge their duties as officers of the court freely and without duress.

Direct intervention and supervision by the AG will affect the proper discharge of their duties as they have to bow down to the AG's chambers, themselves are involved in court. In a nutshell, such will lead to abuse of power since they too are human beings bound by errors. If lawyers are directly put under the AG, the latter finally have final control over the administration of justice, which if we may have forgotten has been on the decline since the 1980's after the ouster of the then Lord President, Tun Salleh Abas.

As stated by the Bar, they have adequate and sufficient rules and regulations to oversee the conduct of lawyers and those who are found to infringe the code of ethics and all other laws being in force are not immune or above the law. Such claim by PEKIDA that lawyers are above the law is baseless since the alleged corroborators of the murders are now in custody. If they are above the law then they will not be arrested and put under remand!

The Bar Council should be allowed to continue as the sole body to oversee the conduct of lawyers as to surrender the rein to AG is tantamount to condemn justice to death since the Bar until today remains the last bastion that safeguards what remain of the glorious and revered Judiciary of the old days.

"Listen to the experts who have expertise in their field"

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