N Surendran, a Member of the Malaysian Bar, is acting for N Tharmendran, an (ex-) Royal Malaysian Air Force (RMAF) officer, one of the accused persons in the theft of two jet engines. The RMAF’s blatant demand that lawyer N Surendran advise his client to surrender, failing which he should turn his client in or otherwise face potential criminal proceedings, is an explicit and unambiguous threat. It is an appalling and unacceptable interference in a solicitor-client relationship.
The Malaysian Bar is outraged at this act of coercion, which is an intolerable incursion on the independence of the Bar and the freedom that a lawyer must have to advise and act for clients without fear or favour. RMAF’s offensive order, in writing, seeks to fetter N Surendran’s duty to his client, as it suggests that a lawyer should act in his own personal interest, rather than in his client’s best interest. It is an intimidatory manoeuvre that encroaches upon the ability of a lawyer to perform his duties effectively and to the best of his ability.
Both litigants and their lawyers must be protected from any form of intimidation in the exercise of the right to take any matter to the courts for determination. Any interference with their rights and duties respectively is an affront to the dignity of the courts and the administration of justice.
To our knowledge, N Surendran’s client has been in regular attendance during the court proceedings, and has not attempted to evade any efforts by RMAF to contact him. Regardless of any allegations against him, he is entitled to the presumption of innocence, and to legal representation without any harassment of, or threat against, his legal counsel.
It is internationally recognised that lawyers perform a vital function when they act for their clients in the pursuit of justice, and that they must be permitted to carry out these functions freely.
The Malaysian Bar calls on the RMAF to immediately withdraw its demand, and to allow N Surendran to carry out his professional duty without hindrance.
Ragunath Kesavan
President
Malaysian Bar
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