Bar Council agrees with AG's statement, accused should get lawyers

The Bar Council agrees with Attorney-General Tan Sri Abdul Gani Patail’s statement today that the accused that are being charged in Tawau High Court for terrorism acts in Lahad Datu should have legal representation.

Its Chairman Christopher Leong said it is necessary for them to have legal representatives since they are charged with offences that carry either death penalty or life imprisonment if convicted.

“The eight people who are being charged now can either obtain their own lawyers or if they are not able to get one, then the court may assign them lawyers,” Leong said.

According to Leong, since the entire accused are being charged in Tawau High Court, the lawyers from Peninsula Malaysia does not have locus or the right to appear in Sabah court.

“This is not allowed unless the lawyers from Peninsula Malaysia are granted ad hoc admission for the purposes of representing the accused.

“However, the Malaysian Bar Council has stated that we are willing to assist the Sabah Law Association in any way they wish in this matter,” he added.

Earlier today, Abdul Gani Patail said the eight Filipino men who were charged in the High Court in Tawau today for alleged involvement in the terrorist incursion in Lahad Datu will be assigned lawyers to defend them in the interest of justice and on humanitarian grounds.

He added that the Security Offences (Special Measures) Act 1/8 (Sosma) 2012 has no provision for prosecution as it is not similar to the Penal Code.

Sosma is an Act which can be invoked by the police to maintain public order and security but has no provision for punishment unlike the Penal Code.

It allows the police to make an arrest without a warrant and detain a person suspected of a security offence.

The police can detain suspects for 24 hours and if necessary to facilitate investigations, can extend the detention period for up to 28 days.

The detainees if charged in court will not be allowed bail.