KUALA LUMPUR, Dec 1 — The National Human Rights Society of Malaysia (Hakam) said today it was inappropriate for the police to summon Charles Suresh Morais’s lawyer Americk Sidhu for questioning as it goes against solicitor-client privilege.
The group’s president Datuk Seri Ambiga Sreenevasan added that the action by Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar was an act of harassment, especially after taking into consideration the national police chief’s remarks against the lawyer Americk’s client.
“The personal attacks on (Americk) Sidhu and his client by the IGP, (apart from the lack of sensitivity) raises concerns about the lack of independence on the part of the IGP in investigating this case,” Ambiga said in a statement.
“In the circumstances, it is imperative that the IGP step aside and allow for the investigations to be undertaken by an officer who will act without fear or favour. This is necessary to uphold the independence of the police force and to assure the public that a thorough and unbiased investigation will be carried out into the allegations in the Statutory Declaration.”
Charles Suresh had last week claimed to be in possession of a pen drive left to him by his brother, slain deputy public prosecutor Anthony Kevin Morais, before the latter’s passing, purported to contain information that “clearly and unequivocally reveal the investigations Kevin had been tasked with just before his untimely death which implicate certain personalities who currently walk the corridors of power in Malaysia”.
He also made a statutory declaration (SD) and held a press conference on the matter but has since returned to the US where he works.
Last Thursday, IGP Khalid reportedly called Charles Suresh a “coward” for leaving the country and said Malaysian police will ask the latter to disclose the information in his hands.
He added that the police will contact him through his lawyer Americk if Charles Suresh has left for the US.
Khalid also said that a fresh probe would be launched into the SD made by Charles Suresh, having also said on Wednesday that the Malaysian police would be unable to take action if Charles Suresh did not share information with them.
Hakam further stressed today on the need for governments to ensure that lawyers are not intimidated, harassed or interfered by government agencies such as the police force, which is obligated to respect and protect human dignity and uphold human rights and not violate the basic principles of effective legal representation as protected by the Federal Constitution.
“An essential aspect of the exercise of this right is privileged communication. There cannot be effective legal representation if there is no privileged communication. This means every police officer has a duty to protect this inherent right,” Ambiga added.
The police are expected to meet with Americk this afternoon for questioning.
