Bar Council: Rafizi's remarks on Israeli's lawyer breached sub judice rule

Bar Council president Mohamad Ezri Abdul Wahab has criticised Economy Minister Rafizi Ramli’s remarks on the case of a foreigner charged with trafficking firearms and possessing ammunition, saying the latter had breached the sub judice rule.

The remarks, which were made on the campaign trail during the Sungai Bakap by-election, have called into question the foreigner’s innocence before the court has made its judgment in the case, he said.

“When members of the public or the media comment on the possible outcomes of cases that a judge is currently hearing, it could amount to a breach of the sub judice rule.

“Although the Malaysian Bar is a staunch advocate of the right to free speech, such a right should not come at the cost of prejudicing one’s right to a fair trial.

“By commenting on the lawyer and his foreign client, Rafizi Ramli has prematurely called the innocence of the client into question before the case has been disposed of by the courts,” Ezri (above) said.

Israeli’s lawyer merely discharging his duty

Rafizi had directed comments at Naran Singh Asa Singh, the lawyer of Israeli Avitan Shalom, who is charged with two counts of trafficking six firearms and possessing 200 rounds of ammunition.

“The lawyer of the Israeli who came with guns to cause trouble in Malaysia is not someone from PKR, not from Umno, not from DAP, but from Perikatan Nasional,” Rafizi said.

The Pandan MP was attempting to counter criticism against the government’s decision to sell Malaysia Airports Holdings Berhad (MAHB) shares to a Blackrock-linked company.

In his statement, Ezri said Rafizi’s comments contribute to the stigma associated with the legal profession.

The remarks were part of a larger issue concerning due process as well as the balance between freedom of expression and the right to a fair trial, he said.

“That the accused in this situation is a foreigner should not deprive him of legal representation.

“The lawyer named by Rafizi is merely discharging his duty by providing a voice for his client before the courts of Malaysia.

"The principle of the rule of law, which is in our Rukun Negara, requires that the Malaysian criminal justice system runs its due course, regardless of the accused’s origin. To do otherwise would be to decide that the accused is guilty before the case is even heard,” Ezri pointed out.

He referred to Rule 2 of the Legal Profession (Practice and Etiquette) Rules 1978, which places a professional obligation on lawyers who are proficient in an area of law to provide their services to a client.

To reject a client would deprive them of the right to a fair trial, he said.

He went on to urge all parties to cease mislabelling lawyers as unethical for carrying out their regular duties.

“Lawyers should be able to provide their services without fear or favour, and free of baseless prejudices,” he stated.

Contempt of court

Earlier, Naran told Malaysia Now that Rafizi can be prosecuted for contempt of court.

Naran, a Gerakan member who stood for PN in 2022, said Rafizi had used his ignorance of legal duties and the rights of the accused to score political points.

According to Bernama, Avitan had in April pleaded not guilty to two amended charges.

The first charge alleged that he had possessed a box containing eight Shell Shock NAS3 9mm bullets, three boxes of Bullet Master Co Ltd containing 150 bullets and 42 bullets in three firearms without a permit.

The charge fell under Section 8(a) of the Arms Act 1960 (Act 206) which provides for a maximum imprisonment of seven years, or a fine not exceeding RM10,000 or both.

He was also charged with trafficking firearms, namely Glock 19 USA 9x19 (Serial Number AEGS286); Sig Sauer P3205P (Serial Number 58C283463); Cougar 8000FT (Serial Number T6429-10G002496); Austrian Glock 17 Gen4 9x19 (Serial Number: BDZZ090); M&P 9C Smith & Wesson Springfield MA USA (Serial Number: DSW9077) and Stoeger Cougar 8000F (Serial Number T6429-08-A029304).

This charge fell under Section 7(1) of the Firearms (Increased Penalties) Act 1971 (Act 37), which provides a minimum of 30 years imprisonment and a maximum of 40 years and not less than six strokes of the cane.

Both offences were allegedly committed in a hotel room in Jalan Ampang, between 6.46pm on March 26 and 6pm on March 28.

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