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Tuesday, May 5, 2015

Police must inform lawyers if detainee is unrepresented, says lawyer

A slew of people including youths, opposition politicians and a prominent activist were arrested after last week’s Workers Day rally against the goods and services tax (GST). – The Malaysian Insider pic, May 5, 2015.A slew of people including youths, opposition politicians and a prominent activist were arrested after last week’s Workers Day rally against the goods and services tax (GST). – The Malaysian Insider pic, May 5, 2015.In the confusion over the police's sweep of youths, opposition politicians and a prominent activist after the Workers Day rally in Kuala Lumpur last Friday, another detainee arrested that evening was somehow missed and has been left without legal representation, as police seek to extend a remand order against him for allegedly possessing a dangerous weapon.
The matter raises questions about the police's obligations to ensure the rights of a detainee, who should be represented even during remand, said Lawyers for Liberty co-founder Eric Paulsen (pic, right).
He said police should have informed lawyers who were focused on other detainees that evening that they had also arrested a suspect known only as Zakaria Jambri.

Paulsen said there were many lawyers present to offer legal service and Zakaria would have been represented.
"Instead, the police obtained a four-day remand without him being represented by a counsel," he said.
Lawyer G. Sivamalar said the suspect was expected to be produced before a magistrate at the Dang Wangi district police headquarters today.
Police have already obtained a four-day remand order against the man, and are seeking an extension today to investigate him for participating in an illegal assembly, besides possessing a weapon.
"I am waiting for the suspect to be brought out from the police lock-up," Sivamalar he told The Malaysian Insider.
Sivamalar said police had also searched the house of the suspect.
"For some reason, this suspect was not represented and police had obtained a four-day remand," Sivamalar added.
The focus that night after the anti-goods and services tax (GST) rally was on the arrests of 29 youths, six of whom were minors, and prominent lawyer and activist Datuk Ambiga Sreenevasan, as well as several opposition politicians.
They were detained hours after the rally ended peacefully.
All except 23 youths were released the following day. Police obtained remand for the 23 until today, on grounds of wanting to take more statements and to photograph the youths in an identification parade wearing the same clothes they had worn during the rally.
The 23 are expected to be freed later today without any charge framed, Paulsen said.
They were arrested under Section 143 of the Penal Code on illegal assembly and Section 4 of the Corrosive and Explosive Substances and Offensive Weapons Act 1958 on the use of corrosive or explosive substances or offensive weapons.
“A police report was made against the 23 in relation to a smoke bomb that was released at Central Market. This report appears vague,” Paulsen said.
Some youths dressed in black with their faces covered were seen setting off smoke bombs, burning rubbish, throwing firecrackers and spray-painting graffiti during Friday's rally.
An estimated 10,000 people had taken part in the anti-GST protest which brought traffic to a halt on some roads in the heart of the capital. 

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