KUALA LUMPUR (June 17): The Malaysian Bar said the police action in blocking the planned peaceful walk by lawyers to pass a memorandum for judiciary independence to Parliament on Friday (June 17) morning was unconstitutional.
At a press conference, Malaysian Bar president Karen Cheah Yee Lynn said the lawyers are considering taking legal action against the police for possible breach of statutory duty.
“Every provision under the Peaceful Assembly Act 2012 (PAA) has been followed and complied by the Bar. We gave them (the police) a notice on June 7. When they told us that we are not able to walk, they issued a letter to us on June 15, which was delivered to us on June 16," she said.
“If we follow the Act, the police were supposed to come back to us three days after we sent them a notice, but they have completely failed to do that.
"If the police do not come back to us or do not impose conditions on us within three days, under Section 14 of the PAA we are entitled to go ahead with the assembly and the process of the walk as if no conditions have been imposed,” she added.
The police blocked two exits of the Padang Merbok car park area in Kuala Lumpur when more than 300 lawyers, including some who are said to have come from as far as Kedah, Penang and Johor, attempted to walk to the Parliament building located about 2.5km away.
Deputy de facto Law Minister Datuk Wira Mas Ermieyati Shamsudin later came to accept the memorandum from the lawyers at Padang Merbok.
“I think that the government is definitely with us in upholding the independence of the judiciary, but as far as the police are concerned, they have completely failed in their duties," said Cheah.
“There were negotiations between some of our council members with the police officers. They (the police) had tried to offer us 20 people to go through but we told them that members who had come near and far wanted to walk.
“And as the president of the Malaysian Bar, I wanted to follow the sentiments of our members,” she said.
Pointing to the long human chain formed by police personnel, along with the presence of the Light Strike Force, Cheah said the police were high-handed in their handling of the peaceful protest. In comparison, she said the Malaysian Bar’s counterparts in Sabah were allowed to walk without hindrance.
“Where does the Malaysian Bar go from here when the police have blatantly transgressed to do this to the Malaysian Bar? Of course, lawyers being lawyers, when our rights are being violated, we do what is best — we use the legal recourse,” she said.
The Bar is currently gathering facts and evidence, and also seeking legal counsel and advice.
“We will not sit down quietly for what the police did today (Friday),” Cheah said.