BAR COUNCIL MALAYSIA
PRESS STATEMENT
The Bar Council is very concerned about the recent events which
have enveloped the nation particularly in respect of the publication
in the media of the four affidavits filed by the prosecution when
opposing Datuk S. Nallakaruppan's application to be remanded at
the Sg. Buloh prison instead of at the Bukit Aman police lock-up.
The Counsel for Datuk S. Nallakaruppan had applied to the Court
inter alia to expunge paragraphs 9, 10 and 11 of the affidavit
affirmed by SAC II Musa Hassan. However, even before full arguments
were heard and a decision made by the Learned Judge on the application,
the said affidavits were published in extenso in the media. The
Bar Council views with dismay the lack of responsibility on the
part of the media to publish the affidavits in their entirety
which is most unusual and unprecedented.
The Bar Council is of the view that the publication of the affidavits
which are not public documents within the Evidence Act may have
been subjudice and even in contempt of court given the fact that
the Learned Judge had not arrived at a decision at the time of
publication.
The Bar Council is further of the view that the publication of
the affidavit which contained serious allegations against a third
party, who was not a party to the proceedings and was not in a
position to be heard was a breach of the rules of natural justice
and fair play.
The Bar Council hopes that by this publication a precedent will
not be created where is one is tried by the media. Such instances
ought to be stopped as it infringes the constitutional right of
a person to defend himself.
The Bar Council reiterates its stand that the Internal Security
Act ought to be repealed and that Datuk S. Nallakaruppan should
not have been charged under the Internal Security Act.
Dated 8th September, 1998
Mah Weng Kwai
Secretary
Bar Council Malaysia