Protest on Weds: Lawyer assaulted & arrested by cops while attempting to defend client against detention w/o trial

Two events coming up. One is Norizan’s Salleh’s latest attempt to get justice, by delivering a memo to the Home Minister on Thursday (April 1st) at Parliament, 11.30am.

The other big one involves once again the maltreatment of lawyers who are just trying to do their job. This particular case involves comrade Amer Hamzah, who helped quite a bit in the aftermath of my own arrest.

He was assaulted and briefly arrested while attempting to defend his client, actor Benjy (that case in the news), who was rearrested under the Dangerous Drugs Act (which like the ISA and EO allows for indefinite detention without trial) immediately after being released by the court – once again displaying a travesty of justice.

I’m going to try my best to attend. When the rest of us find ourselves arrested and intimidated by cops, these lawyers are our first – often only – line of defense. They’ve stood up for us countless times, and we ought to do the same.

LAWYERS TO DELIVER MEMO OF PROTEST TO IGP
( BUKIT AMAN, WED 31ST MARCH 12.00pm)

Lawyer Amer Hamzah Arshad manhandled and briefly arrested by police outside court

1. On 25th March 2010 Amer Hamzah had obtained his client Khaeryll Benjamin Ibrahim@ Benjy’s release on bail on a charge of drug possesssion at the Jln Duta courts.

2. Near the bail processing counter, about 10 policemen suddenly converged on Amer and his client and ordered the client to go with them. Present were the client’s mother Azean Irdawaty, pupil Sharon Khoo and some family members.

3. The policemen were in plainclothes, and Amer demanded their identity and police card. A police inspector claimed that it was an arrest under the Dangerous Drugs ( Special Preventive Measures) Act i.e: detention without trial.

4. At this point, Amer was assaulted and briefly arrested. Two policemen grabbed Amer and held him back with force. Amer protested his treatment, and repeatedly asked the police not to touch him. Eventually Amer was released as his client was bundled away.

Our Protest

The unlawful, oppressive and arbitrary actions of the police on 25th March are a gross interference with a lawyer carrying out his duty to his client. Amer was discharging his duties in the best traditions of the Malaysian Bar, when he sought explanation from the police as to why his client was being arrested. Despite being surrounded by police, he continued to speak out for his client,as he was bound to do.The aggressive and unlawful response of the police is a reflection of the general arrogance and lack of respect for the rule of law widely displayed by the police force. The matter is aggravated by the fact that Amer’s client was being arrested under an oppressive and unconstitutional preventive detention law. The Malaysian Bar has forcefully and repeatedly called for the repeal of all preventive detention laws. The re-arrest of Benjy immediately after his release by the court is also a flagrant contempt of judicial authority. The Inspector General of Police must:

a) take stern action against the policemen who assaulted Amer Hamzah Arshad and the officer who was in charge of the operation;

b) undertake not to further interfere with lawyers carrying out their duties;

c) immediately stop the unjust practice of re-arresting under preventive detention laws persons released by court;

d) issue a public apology to all concerned;

e) undertake to respect the right of the Malaysian public for unimpeded and free access to lawyers at all times.

A MEMORANDUM OF PROTEST MAKING THESE DEMANDS WILL BE DELIVERED AS FOLLOWS:

ALL LAWYERS AND CONCERNED CITIZENS ARE WELCOME TO ATTEND!

31/03/10

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