Herald lawyer's office targeted in break-in

The office of lawyer Derek Fernandez, who is representing the  Catholic weekly Herald , has been broken into.

Fernandez ( left ), who is also a Petaling Jaya Municipal Council (MPPJ) councillor, said it was a professional job as they had sprayed black paint at a closed circuit camera before breaking in.

"They used heavy duty equipment to break the grill.

"I believe this action is directed to intimidate us in the matter we are handling for the church (the Herald case)," he said.

The ground floor shop (a Maxis mobile phone outlet) was not affected.

Only the law firm and Fernandez's council office located on the second and third floor were broken into.

The lawyer said his legal files had been ransacked but could not say if any of the documents were missing. However, a laptop belonging to his law partner could not be found.

Fernandez has filed a police report on the matter.

The firm’s receptionist noticed something amiss when she found the steel grill broken at about 7.50am.

She then alerted Fernandez, who arrived 25 minutes later. He also lodged a police report when a police patrol car passed by.

Two police forensic team members arrived at the scene at about 9.45am.

In an immediate reaction, Herald editor Father Lawrence Andrew said he believes the incident is related to the ongoing controversy surrounding the 'Allah' issue.

"Previously, the Herald website was attacked. Following this, churches were hit. This is a form of intimidation," he added.

"We believe the break-in is linked to the ongoing situation over the use of the word 'Allah' and we are very concerned," he told AFP .

"The law firm does not have any money or many valuables so we believe this is purely aimed at intimidation."

He stressed that the Herald will not backpedal on its court action.

Laptop contained confidential info

District police chief Arjunaidi Mohamed confirmed the break-in and said his officers were probing the incident.

Selangor deputy CID chief ACP Khau Kok Chin meanwhile confirmed a laptop, some cash and documents were reported missing.

According to a partner in Fernandez's firm, who wishes not to be identified, the laptop contained some confidential documents.

Khau said police were investigating the break-in from all angles and would not rule out anything.

Fernandez said he was puzzled how the incident took place, noting that the ground floor lock was intact. He said that only the law firm’s offices were affected while the tuition centre on the first floor was left untouch.

“They cut through two grill doors which they cut with a single cutter,” he said.

In a statement issued late this evening, the police denied the incident was linked to the Allah row.

"Police investigations so far indicate that this is purely a housebreaking and theft case, and is in no way related to the Allah issue," federal criminal investigation chief Bakri Zinin said.

Motives unclear

According to Fernandez, the locks were opened “professionally”. He questioned the motive for the break-in as there were a lot of valuable things that were not taken.

Fernandez still suspects his involvement in the Herald case was the real reason for the break-in.

“Even the courts had been intimidated when the Kuala Lumpur Court website had been hacked. I have said leave it to the court, and let the court decide. We will accept whatever the outcome of the case,” he said.

The lawyer also worries about his personal safety.

Fernandez's another partner, Selvarajah also believes the office was broken into because of the Herald case.

He said that previously he had handled many other cases with Fernandez without facing any untoward incident.

"Why then after the team won the Herald matter that this happened?"

Malaysian Bar appalled

In a related development, Malaysian Bar president

Ragunath Kesavan in a statement said he is appalled over the break-in.

If the incident was related to the firm’s role in the Herald case, he said that it was a “clear case of harassment and coercion of the lawyers concerned”.

 “We are dismayed at the stark lack of respect for the fundamental right of any person or group to take any matter to the courts for determination and resolution.

"Both litigants and their lawyers must be protected from any form of intimidation in the exercise of this right.”

He said advocates and solicitors must be allowed to advance their client’s case without fear or favour in the course of fulfilling their professional obligations.

Ragunath ( left ) stated any harassment of litigants and their lawyers in the exercise of their rights and duties respectively is an affront to the dignity of the courts and the administration of justice.

“We have pledged to uphold the federal constitution and to respect the rule of law. We must all abide by this undertaking, which includes abiding by judicial decisions. Criticism and dissent are legitimate forms of expression, but threats, coercion, intimidation or violence are unacceptable.”

The Bar also called on the police to conduct an immediate and thorough investigation into this incident. 

“Bullying tactics must not go unchecked. We strongly urge that all parties respect the basic and vital right to seek redress in a court of law. We must never regress to a position where we sacrifice this vital principle for political mileage or self-interest.”

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