Written by: Averroes
We all have heard about the glitz and glamour of being a lawyer, zealously advocating for the rights and justice for our clients. Little did we know, behind the orchestra of our tedious legal battle a certain omen may emerge. Death creeps in the shadows.
For we know, branded as a lawyer carries a cumbersome burden on our backs. Unlike any other profession, risks are attached, there would be ploys and wild twists that we least expect. For some, we may have not experienced these higher degrees of challenges in our lives. Others, they were not as fortunate.
Before we unfold incidents of a lawyer's debacle, in 2018, three members of a family opposed any legislative attempts to abolish the death penalty. They were Richard Morais, Rita Sosilawati and Wong Hie Huong whom had their loved ones, particularly from the legal field meet their demise.
It is from their demise that we will be discussing and the impact they made onto the legal world. Rita left one last standing impression and said that, if the punishment were to be abolished, then where would justice be served?
The case of Sosilawati Lawiya
In 2010, a lawyer representing a millionaire cosmetic businesswoman, Datuk Sosilawati Lawiya was wickedly murdered together with her and another two aide. Their bodies were cremated and their ashes disposed into a river at Tanjong Sepat. Shocking was that, among the murderers were also a lawyer.
The murderers confessed that they beaten them to death. A forensic staff said that he caught the scent of petroleum in the vicinity of the murder. This implies that petroleum was used to cremate the bodies. The perpetrators were charged under section 302 of the Penal Code for murder.
What is the motive of them murdering them? It was said that both lawyers, (the victim and the murderer) were competing to be lawyers for the businesswoman. The lawyer murderer was suspended from legal practice for a year and thus became a land broker among the locals. He even defended foreigners from the oppression of their employers, whom duped them of their salaries.
He then had communications or a few transactions with the businesswoman which involved millions of ringgits, stemming from her business. Since a large chunk of money was involved, it is patently clear that when the stakes are high, we are stepping into the lion's den. On appeal to the Federal Court, they found that the murderers were indeed guilty and was sentenced to the gallows.
Tragedy of Kevin Morais
In another case, six men were charged for murdering a Deputy Public Prosecutor, Datuk Anthony Kevin Morais and were given the death sentence by the High Court, as under section 302 of the Penal Code. He was last seen in a Proton Perdana Car.
The very same car was found at a palm oil plantation site, razed to crisp, with it's plate number missing. The police then called for the Department of Chemistry, Proton and Spanco Sdn Bhd to identify if it did belong to Kevin.
The motive of his death was, due to the enraging fires of revenge when Kevin prosecuted Kunaseegaran. Kunaseegaran and with others plotted for revenge. The concerted efforts of all the six men began when they rammed Kevin in the car with a Mitsubishi Triton and heaved him out, crammed him into a plastic bag and trapped Kevin into the Mitsubishi's boot. They drove the Mitsubishi off.
Soon, unfortunately he was yanked into an oil drum for a night and then the perpetrators dumped the drum with Kevin inside into a swamp. From all the evidence collected, from the CCTV and after forklifting the oil drum which was filled with concrete, it was inextricably connected with Kevin Morais.
After years of legal battle and strong fortitude, Kevin's brother Richard felt closure after the sentencing of the murderers. He felt relieved that the murderers who cemented his brother inside an oil drum were to receive the death penalty which they deserved.
Threats to members of the Malaysian Bar
One Press Release in 2019 claimed that RSN Rayer was aspersed by new reports, regarding his decision to defend his client. Such conduct amounted to intimidation and harassment. Every client or accused has the constitutional right to select a lawyer to be defended of their own choice, regardless of the opprobrious nature of the crime.
Every advocate and solicitor should have independence, without fear and favour which is fundamental to the administration of justice. Therefore, a lawyer would not be subjected to any impediments. Furthermore, Abdul Fareed Abdul Gafoor, President of the Malaysian Bar at the time cited Principle 16 of the United Nations Basic Principles of the Role of Lawyers.
Herewith, it summarily states that governments ensure that lawyers could perform their professional functions, without intimidation, hindrance, harassment, improper interference, or even threatened by prosecution or administrative, economic or other sanctions. In essence, our client is innocent until proven on the contrary.
These dreading issues predates all back to 2006, when in the Lina Joy case, Malik Imtiaz Sarwar was threatened to death through a poster. The poster is connected with him holding a watching brief on behalf of the Malaysian Bar in the case. He advanced the Bar Council's position on legal issues.
For years past, the content of the Press Release as issued by the Chairman of the Bar Council of that time, Yeo Yang Poh has not changed, and the views expressed were similar as in 2019, whereby a lawyer has the right to pursue his legal practice independently, while protecting their client's rights to to be heard and justice to be dispensed.
What to do in such situation?
In Sinnasamy a/l Kaliappan v Public Prosecutor [2005] 7 MLJ 570, the accused was charged and found guilty under section 503 read with section 506 of the Penal Code for criminal intimidation. On appeal, the accused was guilty for using a parang for scratching a metal gate and threatened the complainant for RM50,000 days or they will kill her and the family.
The essential element for criminal intimidation is that:
(i) Threatening another with any injury to his or her person, and
(ii) intent to cause alarm to that person
In reliance to this authority, if we can prove that while we are performing our lawyerly duties, the two elements are satisfied then, we may protect ourselves and bring the offender before court. However, in the case that there was an actual attempted kidnap or murder, that is a different case, as that has become beyond our control.
What we could possibly do is hire security guards or commute to safe or secured places. If we are suspicious of people following us, then study their pattern and find a way to get ourselves off their radar.
Never disclose our location, what we post on social media should be thought twice and keep our private lives confidential, unless among our close friends. A lawyer's life is about privity and confidentiality, it extends not just ourselves, but our inner circles of friends, families and especially our clients. There are envious people out there, looking for the right moment to tear us down.
Conclusion
When power, money, vengeance, politics, public sensitivities and greed is involved, it is without doubt that death and harm is imminent. As in the daily affairs of life, it does not matter what profession or career we endure, but if the cards are against us in those detestable circumstances, these are some of the challenges that we have to overcome as the stages of success and future of all individuals rest in our hands.
We should not be rocked or flinch in the eyes of death, keep walking our steps even if it means we tremble into the cesspools of defeat.
References;
Bernama (2010) Sosilawati Dan Tiga Lain Dibunuh, Dibakar. Retrieved from, https://www.mstar.com.my/lokal/semasa/2010/09/12/sosilawati-dan-tiga-lain-dibunuh-dibakar
Achariam, T. (2020) Six sentenced to death for murder of Kevin Morais. Retrieved from, https://www.theedgemarkets.com/article/court-sentences-six-men-death-kevin-morais-murder
BH Online. (2015) Kronologi kehilangan Kevin Anthony Morais. Retrieved from, https://www.bharian.com.my/taxonomy/term/11/2015/09/82231/kronologi-kehilangan-kevin-anthony-morais
The Malaysian Bar (2019) Press Release | Threatening and Harassment of Lawyers in the Discharge of Their Professional Duties Must Cease. Retrieved from, https://www.malaysianbar.org.my/article/news/press-statements/press-statements/press-release-threatening-and-harassment-of-lawyers-in-the-discharge-of-their-professional-duties-must-cease
The Malaysian Bar (2006) Press Release: Death threat against Malik Imtiaz Sarwar. Retrieved from, https://www.malaysianbar.org.my/article/news/press-statements/press-statements/press-release-death-threat-against-malik-imtiaz-sarwar
Sinar Harian (2018) Tak adil jika hapus hukuman mati - Keluarga mangsa. Retrieved from, https://www.astroawani.com/berita-malaysia/tak-adil-jika-hapus-hukuman-mati-keluarga-mangsa-190716
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