The Sunday Star
by Roger Tan
As much as we do not like the judiciary to be perceived as pro-government, we
also do not want the Bar to be perceived as pro-opposition.
ON May 11, the Malaysian Bar passed a motion containing 12 resolutions related
to the April 28 Bersih 3.0 public assembly by an overwhelming majority. The
decision of the House with 939 votes in favour and 16 against is to be
respected. The argument that it is not representative of the 14,000-member Bar
has no basis whatsoever as Section 66 of the Legal Profession Act, 1976 (LPA) is
clear, that is, a motion is carried if a majority votes in favour of it.
With that above overriding principle in mind, let me, however, put on record the
reasons, whether rightly or wrongly, why I could not support the motion.
First and foremost, it must be acknowledged that Resolution (12) was amended to
include,
inter alia, that (1) the Bar is concerned by and does not
countenance any acts of violence in a public rally and that such action by
participants is not an appropriate response to the police; and (2) the Bar is
equally concerned by reports that certain persons had crossed through the police
barriers to Dataran Merdeka.
But this is a complete opposite of the language used to condemn police brutality
and the manner in which the assembly was handled by the police on that day. I
felt that merely expressing concern against the other law breakers is not strong
enough. The Bar, in my view, must be seen in the forefront in upholding the rule
of law regardless of whether they were police or protesters who had broken the
law. If the Bar wanted to inveigh and condemn police brutality, the Bar must
also do likewise against actions of those protesters who had behaved more like
rioters and anarchists in assaulting policemen and jumping on and damaging
police vehicles.
Secondly, I did not want the Bar to prejudge the issues. The way Resolution (1)
was worded, it appears that the Bar had already come to a conclusion that all
those acts listed therein had been committed by the police. On the other hand,
Resolution (12) was worded very carefully to state that the breach of police
barriers was based on reports.
As lawyers, we are trained that even if we have witnessed someone shoot another
person, it does not mean the former is automatically guilty of murder. There
could be other extenuating factors that require further investigation.