A social reform movement in Penang has expressed concern over the sentencing of a 15-year-old boy, who did not have legal representation, to three months jail for killing livestock at an ostrich farm in September.

Aliran said the boy pleaded guilty and the magistrate's court in Seremban sentenced him to serve the jail term from the date of arrest on Sept 5.

The boy had appealed to the court to reduce the sentence as he was from a poor family and had no previous criminal record.

"Why didn't the court appoint a lawyer for the boy (who was jointly charged with an adult, still at large)?," queried, Aliran's executive committee member, Anil Netto, in a press statement.

"The court could have availed itself of the recourses of the government-sponsored Biro Bantuan Guaman (Legal Aid Bureau) or the Bar Council's legal aid centres," Netto added.

'Something is amiss'

Netto said when suspects, especially juveniles, can appear in court without legal representative shows that "something is amiss" in the system of administration of justice.

He added that the lack of legal representation of juveniles violates an important provision of the United Nations Convention on the Rights of the Child, which Malaysia has ratified.

In Article 37(d) of the Convention, it is clearly stated that "every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance".

Netto said it is a sad fact that many suspects, adults and juveniles alike who do not have representation in court, tend to be from a lower income group and are usually ignorant of their rights.

"It is time for judicial reforms to ensure that independent, competent defense lawyers are appointed by the court in cases where suspects are unrepresented," he said.

"Only then can justice be seen to be done," he added.

Bar rejects proposal

In an unrelated development, Bar Council president Mah Weng Kwai has rejected the proposal made by Attorney General Abdul Gani Patail that law graduates and those newly admitted to the Bar should be required to perform mandatory community service.

While the council recognised the need for more lawyers to be involved in legal aid programmes, said Mah, it is of the view that the method to encourage it and the issue of mandatory community service "should be explored and discussed in further detail".

"The Bar Council already has its own Legal Aid Scheme that provides free legal advice to the poor, and which complements the government's Legal Aid Bureau in its function," said Mah.

Mah was responding to Abdul Gani's statement in the media on July 25 that new graduates and those newly admitted to the Bar be required to perform mandatory community service as there are not enough legal officers serving the Legal Aid Bureau to cater to all public complaints.

Satisfied clients

He refuted the claim saying that the Bar's Legal Aid Scheme is facing a steadily growing number of clients.

The number of "happy and satisfied" clients bear witness that the scheme has been successful, he added.

The scheme, which provides free legal advice, assistance to the poor, promotes legal literacy and awareness, was launched in 1983.

Funded entirely by every member of the Bar who pays an annual subscription to the Malaysian Bar, the scheme is in contrast with other legal aid schemes in foreign jurisdiction that are funded by their respective government.