The defence counsel for five activists detained under the Internal Security Act today said the detainees cannot be denied immediate legal representation.

"The right of a person to consult and be defended by the legal practitioner of his choice begins right from the date of arrest," defence co-counsel R Sivarasa told the Federal Court.

"The right may be subject to certain legitimate restrictions which may relate to the convenience of both the police and the detainee and should not be subject to abuse, for instance by the police in unreasonably denying the meeting with counsel," he further stated.

He said this in reference to the lawyers' request for legal access three days after the arrests, which was ignored by the authorities.

"Denial of access continued for the whole period of detention of the appellants under section 73 of the ISA which was up to June 2, 2001."

Sivarasa was giving his submission before an appeal hearing at the country's highest court against the dismissal of the five's habeas corpus applications last April at the Kuala Lumpur High Court.

Justice Augustine Paul threw out their case when he decided that the High Court did not have the jurisdiction to hear the case.

The five, Keadilan leaders Chua Tian Chang (Tian Chua), Mohd Ezam Mohd Nor, Saari Sungib, malaysiakini columnist-cum-filmmaker Hishamuddin Rais and FreeAnwar.com webmaster Raja Petra Kamaruddin were arrested under the ISA in early April for alleged involvement in a militant attempt to overthrow the government.

Raja Petra was released unconditionally while the rest are serving a two-year detention order at the Kamunting Detention Centre.

Constitutional violation

The court was also told that such denial of legal access was against the fundamental liberties laid out in the constitution.

"Any denial of legal access would make the fundamental right provided under the constitution to complain to a High Court about an unlawful detention, ineffective and illusory.

"These are not ordinary legal rights or even ordinary constitutional rights but are key in protecting the individual from abuses of state power. The consequence of such a violation must be to render the detention unlawful," Sivarasa said.

Sivarasa is assisting lead counsel Sulaiman Abdullah, together with co-counsels Christopher Leong, Malik Imtiaz Sarwar and M Moganambal.

The prosecution is scheduled to deliver their response on the next hearing date of Nov 19 and is led by senior deputy public prosecutor Azahar Mohamad and deputy public prosecutors Mohd Yusof Zainal Abideen, Mary Lim Thian Suan and Abdul Majid Tun Hamzah.