I refer to my article entitled ‘Defending lawyers must refuse to take part in the criminal justice system’ published two weeks ago.

I also refer to the urging by the Malaysian Bar's president to rally in front of Bukit Aman headquarters this afternoon against the interference by the police in calling some lawyers to give statements under a purported probable sedition charge.

In my opinion, no amount of rallying will result in any change that is actually required.

The Malaysian Bar is clearly unhappy with the current criminal justice system, and the players in it. We must acknowledge the fact that lawyers are on an equal standing with prosecutors. If course, above them are the judges.

If lawyers feel that some unfair elements are present in the criminal justice system, they should just refuse to ‘play’.Ultimately, the aggrieved persons would be the people at large who require their services in court. No one can force lawyers to take part in a game where the rules seem to be unfair.

Of course, this doesn't apply to cases that lawyers have already taken on. That goes without saying. It is in relation to future cases.

When people at large are unhappy that lawyers are refusing to defend them in court, these grouses will eventually go to the ears of the people in charge, who will then have a choice to make. Make changes or continue facing a situation where the people at large are unhappy. The criminal justice system cannot collapse indefinitely, but if that is what is required for a while, then so be it.

The Malaysian Bar must know of its strength and role in the criminal justice system. The courts cannot function with only the prosecutors and judges.

Instead of urging a rally in front of the police station, the Malaysian Bar should urge lawyers not to take part in the criminal justice system until the proper changes are made.

However, the issue of livelihood of lawyers would almost definitely arise. I suppose no significant change can be made without some sort of sacrifice.

PUTHAN PERUMAL is an advocate and solicitor of the High Court of Malaya.