Requiring police permit to attend court unconstitutional, say lawyers

 

Zaid Malek of Lawyers for Liberty says any restriction on access to lawyers is unnecessary, burdensome and creates a dangerous precedent.

PETALING JAYA: A rights group has said that requiring lawyers to obtain police travel permits so they can attend court infringes on the people’s constitutional right to legal representation.

In a statement today, Lawyers for Liberty (LFL) called the requirement “unconstitutional and dangerous”, and said that there is nothing in the Prevention and Control of Infectious Diseases Act 1988 that permits the infringement of constitutional liberties.

“This restriction upon access to lawyers is unnecessary, burdensome and creates a dangerous precedent. Lawyers would obviously only go to court to represent their clients, and not otherwise,” said LFL coordinator Zaid Malek.

“Why then impose a police permit requirement, which allows the police to deny legal representation to the public should they decide to do so.

“Lawyers are officers of the court and are an integral part of the criminal justice system and must be treated as such.”

De facto law minister Takiyuddin Hassan said yesterday lawyers can physically attend court for criminal cases involving new prosecutions, remand orders and various criminal applications, but will need to get a police permit before doing so.

Zaid said criminal cases often feature unexpected developments and last-minute instructions, and in such instances lawyers may not have the time to gather proof that they are needed in court in order to get the permit.

“This is especially (so) with clients who are facing fresh charges or remand applications that will only be registered by the courts the morning of the case itself.”

“Access to justice must be given freely and must not be contingent on the permission of enforcement bodies, who may have a competing interest against those arrested who want to exercise their right to legal counsel,” he said.

“Giving the power to the police to decide on whether lawyers could go to court to represent clients is akin to a police state,” he added.

LFL urged the government to revoke the need for travel permits because it impedes lawyers from exercising their duties.

Despite the lockdown, the government at all times has a duty to ensure that the justice system is operational, and this can only be done if lawyers are given free access to represent their clients in court without being at the mercy of the police to do so, it said. - FMT