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Bar slams IGP for attacking Americk over Charles' SD
Published:  Dec 1, 2015 11:00 PM
Updated: 3:19 PM

The Malaysian Bar has criticised inspector-general of police Khalid Abu Bakar for attacking lawyer Americk Sidhu who was engaged by Charles Suresh Morais for his explosive statutory declaration (SD).

"The disparaging remarks reportedly made by the IGP against Americk are unjustified and unbecoming of the office of the IGP.

"Instead of launching into this tirade of abuse, the IGP and the police should focus on investigating the veracity of the SD," said Bar Council president Steven Thiru.

Thiru said he was shocked by the IGP's comments against Americk, noting that the police have now developed a trend of targeting lawyers such as the detention of Matthias Chang who had acted for former Batu Kawan Umno vice-president Khairuddin Abu Hassan.

Khairuddin had lodged police reports against 1MDB in several countries for alleged misappropriation, prompting the authorities to charge him on grounds of "sabotaging the country's financial institutions" and Chang was also not spared.

"It is also perplexing that the IGP appears to be indifferent to the rights and obligations of an advocate and solicitor representing a client under the Legal Profession Act 1976 and the Legal Profession (Practice and Etiquette) Rules 1978.

"The independence of an advocate and solicitor to act for a client without fear or favour is fundamental to the administration of justice. It must not be curtailed by acts of police intimidation, harassment or victimisation.

"The IGP’s reported statements are a serious violation of this independence, and an affront to the administration of justice," said Thiru.

He urged the IGP to respect the principle of solicitor-client privilege which he said is critical to the administration of justice.

He added that the only exception the privilege is spelled out in Section 126 of the Evidence Act 1950, namely if the communication involved illegal purposes or that the advocate was involved in any crime or fraud.

"Unless these exceptions apply, any attempt to ignore or circumvent solicitor-client privilege is reprehensible and must be condemned.

"The Malaysian Bar urges the IGP to recognise, respect and uphold the rights and obligations of advocates and solicitors to discharge their professional responsibilities without obstruction or impediment," he said.

Khalid had described Americk as someone who had a "bad reputation" when it came to SD and that it was not the first time Americk's client had disappeared after making an SD.

Americk had acted for private investigator P Balasubramaniam who in 2008 made an SD linking then deputy prime minister Najib Abdul Razak to murdered Mongolian national Altantuya Shaariibuu.

Balasubramaniam retracted the SD the following day and disappeared.

He re-emerged in 2013 and stood by the SD, claiming that he was forced to retract the SD under duress and was subsequently bundled out of the country by Najib's associates.

Last week, Charles, who is the brother of murdered deputy public prosecutor Anthony Kevin Morais, alleged that the latter was working on the case involving Najib and was responsible for drafting the charge sheet against the prime minister.

Charles also alleged conspiracy involving powerful individuals in his brother's gruesome murder where he was stuffed in a cement-filled oil barrel.

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