Sedition investigation against lawyers over motion

The Melaka-Johor Diocese Catholic Lawyers Guild supports and prays for the well-being of Charles Hector, Francis Pereira
and R. Shanmugam, the lawyers who proposed the motion for the resignation of Attorney-General Tan Sri Mohamed
Apandi Ali. S Jeyakumar, the chairman of the guild said in statement released on March 30.

Apr 15, 2016

MELAKA: The Melaka-Johor Diocese Catholic Lawyers Guild supports and prays for the well-being of Charles Hector, Francis Pereira and R. Shanmugam, the lawyers who proposed the motion for the resignation of Attorney-General Tan Sri Mohamed Apandi Ali. S Jeyakumar, the chairman of the guild said in statement released on March 30.

The motion, which was passed by a majority vote during the Malaysian Bar’s 70th Annual General Assembly on March 19, resulted in these 3 lawyers being summoned to Bukit Aman on 31st March 2016 to have their statement recorded for investigation on sedition. This is seen as a gross violation of the statutory duty of lawyers under the Legal Profession Act, to move resolutions deemed fit for consideration and approval at the Malaysian Bar AGM, without fear and favour.

“We are also deeply disturbed that the Secretary of the Malaysian Bar, Karen Cheah Yee Lynn, has also been called to have her statement recorded for the same reasons, arising out of the discharge of her statutory duty on behalf of the Malaysian Bar. We are strongly against such intimidatory acts being levelled against lawyers in the discharge of their respective statutory duties.”

Charles Hector confirmed that he had received a letter from the police on the matter at 3.57pm on Tuesday, Mar 29. He added that he was angry about the decision against the movers of the motion.

“I am definitely angry as this was something done in accordance with the law.

“It should not be investigated under the Sedition Act because there is nothing wrong,” said Hector.

“We are still committed to upholding the course of justice without fear or favour. No amount of harassment or intimidation of this kind will actually stop us,” Hector told the media after questioning.

Francis Pereira also confirmed that he had received a letter from Bukit Aman notifying him that he was being investigated under Section 4(1) of the Act in relation to the motion.

He said that the letter, which was sent to his office, called on him to record his statement on March 31 at 2.30pm.

He also confirmed that a similar letter was sent to Shanmugam.

He said that the police had opened the investigation following a police report that was lodged against the motion.

Pereira added that the letter also states that the investigating officer would be ASP Wan Aeidil Wan Abdullah.

“We take the position that our motion is not seditious in any way. This motion was subsequently debated by the Malaysian Bar and has become a resolution of the Malaysian Bar,” he said.

Pereira also stated that the Bar Council president had been notified about the letters.

The motion earlier this month, had also called on the Solicitor General to take on the role of Public Prosecutor in the corruption investigations involving Prime Minister Najib Tun Razak, 1MDB, SRC International and the RM2.6bil controversy.

Earlier, Malaysian Bar president Steven Thiru had said that the Bar was not being political, despite passing the motion. He said the motion, along with two proposals touching on the National Security Council Bill and Internet censorship, were not political concerns but rule of law.

“We are pro justice, pro law,” he said. -- The Star, Agencies