There are many syariah lawyers willing to represent the followers of self-styled spiritualist Ayah Pin, said Terengganu legal aid centre chairperson Faridah Yussof.

"I personally know several lawyers who have stated their willingness to handle the case. So to say that lawyers here are avoiding the case is untrue.

"Within days after they were charged, I managed to provide three names of willing syariah lawyers but was informed that the accused rejected them because they could not agree on the legal fees," she added when contacted yesterday.

Faridah who practices both syariah and civil laws, noted that it was too early for anyone to claim that syariah lawyers in the state are shying away from the case when the 45 accused were only released on bail last week.

"It's not easy to hire lawyers to handle criminal cases - civil or syariah. It takes time. It's too early at this stage to say lawyers don't want to handle it which I believe is not the issue here. I am confident that by the time the case goes up for trial, they will have lawyers," she said.

However, she believed that the accused's process of hiring legal representation will now be expedited following the Bar Council's decision to appeal to syariah lawyers to take up the case.

Lawyer-client chemistry

On the same note, Faridah is also puzzled why none of the accused have approached the willing lawyers.

"We have 57 syariah lawyers in the state. The three lawyers I mentioned earlier were approached by a third party. Assuming that they are not keen on local lawyers, there are 16 lawyers who are not from here. I have personally asked three lawyers from Kuala Lumpur but they said no one had approached them.

"We lawyers can't approach the accused ourselves because that could be considered as touting which is illegal. So I think the issue will be settled if the accused directly contacted the lawyers themselves," she said.

She said it is important that the accused approached the lawyers themselves because lawyer-client chemistry is important in civil cases.

"There must be direct communication, personal touch. We need to interview them to know the facts of the case and what they want. We must know that our clients have confidence is us. If there is no comfort and confidence between us I don't think, we'll take up the case. This applies to all cases," she added.

Returning to the issue of legal fees, Faridah said this is subjective as it depends on the case and lawyers approached.

"I can't say how much it should be. But it must be remembered that this case involves 45 people. Although they are charged under the same section, each has different facts of the case. Some were the villagers while some were there to seek medication. So each must be tackled differently.

"Further, this is a widely reported case and the lawyer who accepts the responsibility must also deal with public perception so there is intense pressure," she added.

Clear conscience

Another senior syariah lawyer from Terengganu, Abdul Haris Abdul Malik believed that lawyers can only accept the case if their conscience is clear.

"When you don't have a clear conscience it may be difficult for us to properly represent the accused. We have a duty to defend clients to the fullest and ensure that they be treated fairly by the system.

"So if you are uncomfortable with the clients how can you fulfill that duty? You would only jeopardise them further," he said.

Asked if he is willing to take up the case, Abdul Haris refused to comment.

"I don't want to comment on that...I am aware that the interest of the accused must be considered but that must be balanced with public interest," he said.

On Aug 4, the 45 were charged under Section 10 of the Syariah Criminal Offence Enactment (Takzir) (Terengganu) 2001 for allegedly insulting the state religious authorities through its violation.

They had allegedly committed the violation by failing to comply with the state fatwa which required all Muslims to stay away from Ayah Pin, who has been branded a deviant, and his teachings.

The accused have pleaded not guilty and claimed trial.