The 57th annual general meeting of the Malaysian Bar o­n Saturday will see its members voting o­n a motion calling o­n the Attorney General's Chambers to withdraw two criminal and contempt charges against human rights lawyer P Uthayakumar.

According to a copy of the meeting agenda obtained by malaysiakini , the motion said the AG Chambers would be setting a "dangerous and unfair precedent" if the charges against Uthayakumar in relation to the statements he uttered in a court session last year are not withdrawn.

"Every statement uttered (by lawyers) in the course of judicial proceedings shall not be the subject of a criminal prosecution or a civil suit," it said.

The motion read that the government must respect lawyers when they are discharging their duties in upholding the cause of justice in accordance with the Legal Profession Act 1976.

It also said the police must "respect the rights of an arrested person to be allowed to consult and be defended by a legal practitioner of his choice".

It went o­n to urge the AG Chambers to exercise its discretion and powers without losing regards for lawyers.

The motion was proposed by M Manoharan, the counsel representing Uthayakumar in an o­ngoing case in the Shah Alam High Court to strike out the two charges that Uthayakumar is facing in a Sepang magistrate's court.

Warning ignored

On Sept 3 last year, when the magistrate's court was hearing the case of an Indian youth who died in police custody, Uthayakumar, a lawyer represented the family of the victim, was said to have questioned a police chief inspector in a manner which implied that the latter was responsible for the death.

Uthayakumar was also said to have ignored the warning by magistrate Norazmi Norawi to "keep quiet or get out of the court".

Following that, he was arrested several times. He had claimed that he was harassed by the police and denied legal access during the detention.

Early this year, Uthayakumar was charged under Section 228 of the Penal Code for contempt of court and Section 506 for criminal intimidation of the chief inspector in front of the same magistrate.

If found guilty, he faces a maximum of two years' jail and a fine for the first offence, and a maximum of six months' jail and a fine for the second.

Happy with support

When contacted, Uthayakumar said he was glad that many lawyers have been supportive in the call to withdraw the charges against him.

"I believe that a lot of lawyers are concerned, judging by the offer for help I have received from many of them from all over the country," he said.

He said he hoped the motion will be carried through as this was important to "show the unanimous support of the Bar to entrench the principle of independence of lawyers".

If adopted, the motion regarding Uthayakumar's case will require the Bar to "condemn" his unwarranted arrests and detention.

The motion will also require the Bar to "warn" the police about the alarming statistics of o­ne death in police custody every fortnight and 1.3 persons shot dead by the police every week.

"The Malaysian Bar calls upon the police to be transparent, responsible and accountable in each and every case of death in police custody and shooting to death," it said.

The other three motions at the Bar AGM will touch o­n its continuing legal education programme, the possibility to allow its members to practise as limited companies, and the establishment of a sports fund to increase the number of sporting activities.

It will take one-fifth of the total number of 10,709 Bar members to ensure a quorum for the AGM, and at least two-thirds of those present to vote for a motion in order to adopt it.

The meeting will be held o­n Saturday at 10 am at the Renaissance Hotel in Kuala Lumpur.