A public inquiry into the detention of five lawyers for illegal assembly by Suhakam will decide on Sept 11, whether the human rights commission had the power to compel witnesses to have their statements recorded.

suhakam inquiry 150809 police In today's hearing, police counsel Supt R Munusamy said, the power provided to record statements from witness under the Human Rights Commission Act 1999 was "vague, ambiguous and uncertain".

He asked the commission to clarify the uncertainty, before calling other witnesses, so that it can be a guidance for future public inquiries.

"Based on these situation, it would be undesirable to invoke adverse inference on evidence that would be given by witnesses who refuse to state the fact in their statements or who refuse to authenticate statements recorded from them," he said.

He also said that such refusals should not be seen as a challenge to the powers of the commission but as a guidance to future public inquiries.

Without such powers, it’s just an ‘interview’

Munusamy said in the absence of any power to record statements under the said Act, any investigation carried out was just an "interview".

"An interview does not require authentication and it is done on voluntary basis. As such it is respectfully submitted that when the police witnesses in this public hearing stated that they would give their evidence to commissioners in the public inquiry or refuse to authenticate the interview, their refusals were their right and had not infringed any law or regulation," he said.

The inquiry, which started on Aug 14, is chaired by Suhakam commissioner Muhammad Shafee Abdullah and assisted by commissioners Dr Michael Yeoh and Dr Denison Jayasooria.

bar council lawyers protest at jalan duta court detained 5 lawyer at brickfields police station 080509 03 Five lawyers, Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan were arrested at 9.30pm on May 7, and released the next day.

Counsel M Puravalen, representing the five lawyers, submitted that the commission had the power to receive all evidence, written or oral, and to examine all such persons as witnesses.

Another lawyer who represents the five lawyers, Andrew Khoo said when there are no definitions in the Act, the witness can choose to give their statements verbally or in writing.

Khoo added that the commission can also appoint an officer to assist in the investigation.

- Bernama