10 theSun | THURSDAY JUNE 4 2009

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‘The first thing we do,

everyday so why was it such a
big deal when the Brickfields Five
got arrested. Lawyers have been
arrested before. They have been
thrown in jail, they have been de-
tained under the Internal Security
Act and so on. All true but this
(4) Where the person arrested
has requested for a legal practi-
tioner to be consulted, the police
officer shall allow a reasonable
time:
(a) for the legal practitioner
to be present to meet the person

let’s kill all the lawyers’

by Sunil Lopez
“THE first thing we do, let’s kill
all the lawyers.” This phrase from
Shakespeare’s Henry VI is often
used pejoratively when people
feel the need to vent their feelings
of frustration or disgust in respect
of the legal profession. Ironically,
this now infamous phrase was
originally intended to pay hom-
age to lawyers. In Shakespeare’s
play, the phrase was spoken by a
villain and to better understand
the context in which the phrase
was used, we need to paraphrase
it as follows, the first thing any po-
tential tyrant must do to eliminate
freedom and the rule of law is to
kill all the lawyers.
Enough about Shakespeare
and merry old England for now.
Let’s return to Malaysia and the
drama that unfolded in Brickfields,
where on May 7, five lawyers
were arrested. The “Brickfields
Five” (as I shall refer to them)
had each received a call that their
legal services were needed. Much
like Batman and Robin, they
rushed to the Brickfields police
station. When they got there, they
may have initially been a little
confused as to who the actual
perpetrators were but it did not
take them long to figure things
out. It wasn’t that hard to figure
out who was the leader of the
gang. He had an inhumanly loud
voice and was clothed in a shirt
which had the words “Head Hunt-
ers” emblazoned on it. In another
twist of irony, his shirt was black
in colour.
The “Headhunter” was at
the top of his game. He seemed
unstoppable and invincible. He
possessed formidable powers, the
inhumanly loud voice, being just
one. He also seemed to have the
power of a short fuse, the power to
arrest anyone without reasonable
cause and the power to deny an
arrested person the right to legal
counsel. He seemed to be more
powerful than the Federal Consti-
tution and the Criminal Procedure
Code combined. The Brickfields
Five stood defiantly against the
Headhunter and his gang. Unbe-
knownst to the Brickfields Five,
the Headhunter was in no mood
to act in accordance with the
law. When the Brickfields Five
attempted to use their powers of
advocacy and reasonableness with
the backing of the rule of law, they
were thwarted. The Brickfields
Five tried in vain to convince the
Headhunter that they were there
to provide legal assistance to the
people who had been arrested
only moments before, allegedly
for illegal assembly. The Brick-
fields Five were there as faithful
servants of the law, to give effect
to the constitutional rights of those
arrested but they were in turn ar-
rested and thrown into jail.
The night did not end there,
however. The news of the ar-
rest of the Brickfields Five had
reached the ears of their brothers
and sisters at law and about 80
of them, much like the A-Team,
swooped in on the Brickfields
police station. The president of the
Malaysian Bar was there as well
and in his capacity as the leader
of the Malaysian Bar, walked into
the police station with a few other
lawyers to defuse the situation
and secure the immediate release
of the Brickfields Five. The rest
stood around outside the station
eagerly waiting for good news.
Unfortunately, they were all to be
disappointed. Even the president
was unceremoniously forced to
exit the police station.
The Bar, since the incident, is
up in arms about the actions of the
police force. Among other things,
it has called for the resignation of
the home minister, the inspector-
general of police and the Head-
hunter. Some may ask what all the
fuss is about. People get arrested
time the lawyers were arrested
not for purportedly committing
an offence. The Brickfields Five
were arrested for doing their duty
by giving effect to Article 5 of the
Federal Constitution and section
28A of the Criminal Procedure
Code which are as follows.
Human Rights » Article 5 (3) of the constitu-
and the Law tion states:
“Where a person is arrested he
shall be informed as soon as may
be of the grounds of his arrest and
shall be allowed to consult and be
defended by a legal practitioner of
his choice.”
» The relevant provisions of
section 28A of the code states:
(1) A person arrested without a
warrant shall be informed as soon
as may be of the grounds of his
arrest by the police officer making
the arrest.
(2) A police officer shall, before
commencing any form of question-
ing or recording of any statement
from the person arrested, inform
the person that he may:
(a) Communicate or attempt
to communicate, with a relative
or friend to inform of his wherea-
bouts; and
(b) Communicate or attempt to
communicate and consult with a
legal practitioner of his choice.
(3) Where the person ar-
rested wishes to communicate
or attempt to communicate with
the persons referred to in para-
graphs (2)(a) and (b), the police
officer shall, as soon as may be,
allow the arrested person to do
so.
arrested at his place of detention;
and
(b) for the consultation to
take place.
Denial of the right of an ar-
rested person to consult a legal
practitioner of his or her choice
is a clear breach of the consti-
tutional and statutory right of
an arrested person. Arresting a
legal practitioner who is seek-
ing to provide legal consultation
to an arrested client is nothing
less than a despicable act that
reeks of arrogance, ignorance
and utter contempt for the rule
of law and the rights guaranteed
in the constitution. The arrest of
the Brickfields Five is a grave
portent of things to come and
we may soon find ourselves on
a slippery slope towards a state
where the constant abuse of
power inescapably becomes the
norm and the rights that we hold
dear, a thing of the past.
Sunil Lopez is a member of the
Human Rights Committee, Bar
Council Malaysia. For more infor-
mation, see www.malaysianbar.
org.my/hrc. The views expressed
in this article are personal to the
writer and may not necessarily
represent the position of the Bar.
Complaints of rights violations
may be forwarded to oysim@
malaysianbar.org.my for the
consideration of the committee.
However, we make no assurance
that all cases will adopted for
action.

Holding those in power to account Old examinations formula

by Yap Mun Ching beautified with is right. This demonstrates how powerful a might save the day
500 trees. Each scandal exposes Freedom of Information Act can
THE recent scandal in British MP is allowed a a fundamental be in holding those in power to I HAVE been following the
multiple changes that our local
politics involving its members
of Parliament sees no sign of
total of £24,000
(RM138,320) in
failure of the account. This scandal should
parliamentary de- also prompt countries with the examinations systems have letter
letters@thesundaily.com
going away as revelations last annual allowances. mocracy system same political system to carry gone through since 1975. Today
week claimed their 12th victim. With 646 MPs in the and it matters to out a review of privileges and to the Examination Syndicate,
The issue first came to light House of Commons, us because the close loopholes before it is too Education Ministry and the universities are facing a new scope of
last month when a newspaper the public outrage Malaysian parlia- late. Because by the time the examination results. This is most unwarranted for. The question in
published leaked information is clearly over more mentary system public finds out, it will be time the first place why did the Examination Syndicate allow the students
suggesting widespread abuse of than mere “jeal- is based on the to pack up. to sit for more than the nine subjects. The limit was in force since the
Senior Cambridge School Certificate was introduced to our country
claims privileges under the MPs’ ousy”. To add salt Freespace British model. A
by the British Colonial Administration.
second home programme. Since to the wound, it is multi-party de- Comment: letters@thesundaily.
then, the issue has grown to im- also revealed that Where young views rule mocracy system com Though the present system is exam oriented, there are gaps in
mense proportions prompting each shamed MP which usually what is taught to students. If you were to ask the students when the
calls for deep reforms. who is able to drag out his or functions to check on abuses Federation of Malaya was formed ... the answer comes as Aug
For an idea of how em- her tenure till the next general of power and privileges simply 31, 1955. Do you know what the
barrassing the scandal has election stands to “retire” with does not work in this situation. communists did to our country.
been for the British political a golden package totalling up All MPs have a stake in the al- They would stare into space.
establishment – the first revela- to £150,000 (RM865,410). No lowances scheme so there is Which British High Commissioner
tion involved Home Secretary wonder Britain has no problems no incentive for either side to was killed ... blank. Please do not
Jacqui Smith who had claimed filling the 646 seats. spill the beans. The house, in blame the children, the teachers
expenses for two pornographic These details aside, some short, acts in cahoots. do not read much either. They
movies bought by her husband pertinent questions have sur- The British case was merely interpret the school text
(Smith and two other minis- faced. Embattled MPs claim the result of persistence books.
ters are expected to quit the that the revelations are an by one journalist assisted I sat for my Senior Cambridge
cabinet). Other claims exposed intrusion of privacy as they have by powers provided by the School Certificate in 1963 taking
ranged from ludicrously ex- violated no written rules. Yet the Freedom of Information Act. the maximum of nine subjects. The
1381: In afterm crucial part of sitting for examina-
travagant ones such as for the guidelines are vague because it Even then, Brooke’s job was ath of
Black Death, 1843: Prime Mi
Britain nis tions in those years was in writing
clearing of a moat to petty ones relies on “honourable” members not straightforward. Her at- faces corrupt Robert Peel inh ter 2009: Prime Mi
ruling elite, erits nister
for bath plugs. Other more seri- behaving honourably. Even the tempts to gain information who govern in
name of
corrupt Hous
e of
Gordon Brow
n tries to
the answers. The term “multiple
ous manipulations were also dimmest MP cannot miscon- on MPs’ allowances were
14-year-old Kin
g
Commons, slu
mp in
rescue his lea
dership choice” was unheard of. The papers
Richard II, su world trade, fou amid public fur
afoot. Some were claiming for strue that this permits purchase fought by the full force of merchant tra
per-rich
harvests in a
r bad
MPs’ expens
y over were marked in England. And again
ders in City, row, and es scandal, no foul play. Many students sailed
mortgages that have already of pornography and payment of the establishment. House an d unpopular wa un popular wars su rging unemplo
r with in Ch ina ym ent,
been paid off, some pay “rent” phantom mortgages. of Commons Speaker France and Afghanist
an
global econom
ic crisis,
through with flying colours and went
and unpopular on to sit for the Cambridge High
to family members while oth- Another more serious ac- Michael Martin brought Peasant’s Re wars in
volt: Corn Laws: Im Iraq and Afgh
ers play around with home cusation is that the press has the matter all the way up He av y-h port anistan School Certificate. This WAS the only
anded attem tariffs support
to enforce po pts ing inflated Casualty of sc passport if one wanted to enter any
classifications to evade capital sold out the integrity of the Brit- to the High Court rather introduced to
ll tax – British wheat
pri ce s–
andal:
gains taxes. ish democracy for the sake of than institute reforms. pay for and profits of
farmers –
Brown could
face university. It was a quality certificate
war – trigger leadership ch
As the details surfaced, selling a few more copies. Does In the end, the law Rioters storm
revolt. lead to high bre
ad prices fol
allenge recognised internationally.
Tower of and fears of fam low ing expected
some MPs scrambled to repay this argument hold any water? prevailed, information is London, where ine Labour blood Hundreds of our senior civil service
bath in
their allowances while others Journalist Heather Brooke who forced into the open and government
is hiding, Un rest: Mass po
Jun e’s Euro election officers come from the old examina-
execute Arch ve rty Polls suggest s.
were clearly not contrite. Jus- started the ball rolling three Martin was forced to bishop of and reintroduc
tion of at least tions system and they have done well
Canterbury as half of 646 MP
tice Minister Shahid Malik was years ago by doggedly pursu- step down after his role Lord Chancello ll as
we income tax sp
ark riots, Ho us
s in and are doing an excellent job today.
r. two attempts e of Commons
forced to step down despite ing the matter, wrote a strong became clear. London’s stree Queen Victor
on life of be replaced at will Please limit the number of SPM
ts run ia and general
insisting that he did no wrong rebuttal. “If public servants The episode is
with blood as
rioters as sassination of
election – du
e by June subjects to nine and keep all the papers
behead City me Peel’s 2010 – as voter
in buying a £2,000 (RM11,522) can’t spend their expenses revealing in that even rchants private secre
tary, s take “subjective”. And entry to universities
Edward Drum revenge over
plasma television while Tory with prudence, how can we the most mature Poll tax aboli mond Westminster should be based on STPM results only.
shed corruption
Pictures: Richar Corn Laws rep
MP Anthony Steen was issued have faith that they will spend democracy is vulner- d
Gordon Brown II, Westminster Abbey; Ro
ea led
Calls for hone
a sack warning after accusing billions of our taxes wisely on able to failures when , Associated
Press
bert Peel by Sir
Thomas Lawren
st MPs K. Ramamurthy Achari
ce;
critics of being “jealous” of his large projects?” she asked. insufficient checks and Penang
© GRAPHIC NE
WS
“Balmoral-like” home that he The public can’t and she balances are instituted. It also