theSun | MONDAY MAY 11 2009 3

news without borders

Need for better legal aid scheme

by Maria J. Dass
newsdesk@thesundaily.com
PETALING JAYA: Access to jus-
tice is a basic right for any accused
person, more so if they are innocent.
Sadly, however, like most other
things, justice sometimes comes at
a price – a hefty legal bill that many
from poor and lower middle class
backgrounds cannot afford.
As a result, many have resorted to
pleading guilty for expediency sake,
at the cost of a permanent black
mark on their record – even if they
were innocent.
“Statistics show that 70%-80%
of the accused plead guilty simply
because they cannot afford lawyers,”
said Bar Council president Ragunath
Kesavan (pix).
“Everybody has the right to a fair
trial and is innocent until proven
guilty, but it doesn’t work if you
don’t have access to a lawyer,” he
told theSun.
“An accused person will often
take the easy way out and say ‘OK,
I’m not guilty but I can’t get out of
this system, I’ll go in and spend two
to three months, then I’m out’.”
This, however, comes at a heavy
price as their record will show they
had been jailed for something they
may have never had a hand in to
begin with.
Said Ragunath: “If you can’t raise
bail, you go to the lock-up and stay
there until your trial is heard.
“If you can’t afford a lawyer, the
system is so complicated – burden
of proof, elements of the law and all
that – it’s definitely not what a lay
person can do.
“Even a young lawyer has prob-
lems grasping criminal law, what
more a person who is accused and
charged in court for even a simple
offence such as shoplifting.”
On the options now available, he
said there are two legal aid schemes
in the country – one run by the gov-
ernment, the Legal Aid Bureau, and
the other, the Bar Council’s legal aid
scheme.
Ragunath said the Bar Council’s
legal aid scheme takes in between
20,000 to 28,000 clients a year – a
mere fraction of those who need ac-
cess to justice.
“But the present legal aid scheme
infrastructure can only cope with
that many cases,” he said.
The bureau has very limited
jurisdiction – it only does civil cases
and only if the client pleads guilty for
criminal cases.
Ragunath said the Malaysian Bar
has 12,500 members and 14 legal
aid centres throughout the country,
and its legal aid scheme runs on a
budget of about RM1.2 million a year
from a levy of RM100 paid by each
member.
“We proposed many years ago to
expand the Legal Aid Bureau into a
comprehensive legal aid scheme run
by the government,” he said.
“This, however, did not take off
because the view of the government
was that the bureau cannot hear
criminal cases as it is made up of of-
ficers of the Attorney-General’s (AG)
Chambers who are also prosecuting.
We don’t agree but that’s the position
the government has taken.”
Last year, the council proposed to
set up a legal aid foundation to raise
money to employ private lawyers at
a decent rate to do cases, Ragunath
said.
“Younger lawyers will come for
the extra income so there will be a
bigger pool of lawyers, and there
will be no need to set up a separate
structure within the bureaucracy of
the civil service which will cost so
much money.
“We propose to start with juvenile
cases and legal aid for women first,” “It has to be a policy decision from
he said, adding that this can be done the cabinet. It’s a good project and I
at a very minimal cost of about RM5 think we have to push for it.”
million a year. The Bar Council is also working
“As we go on, then civil society towards increasing public awareness
can play a role as well, and public on citizens’ rights towards increasing
institutions, corporations can con- accountability in the police force and
tribute towards this fund.” efficiency of the judiciary.
Ragunath said Minister in the “If you are stopped on the streets
Prime Minister’s Department by the police and know your rights,
Datuk Mohd Nazri Abdul Aziz has it is unlikely for you to give a bribe
forwarded the proposal to the AG’s or open yourself to abuse,” said
Chambers for further study. Ragunath.

briefs DOE confirms leakage from water

Solve students’ problems, treatment plant
varsities told PETALING JAYA: The Depart- Badong in monsoon drains near as scheduled waste SW204, but the discharge into the river
KUALA LUMPUR: Universities and colleges should ment of Environment’s analysis the plant that flow directly into as it contains heavy metals has stopped and desludging of
look into problems faced by students in completing of water samples taken from Sungai Selangor, the very river and chemicals and has to be the sludge lagoons is being car-
their studies, said Deputy Higher Education Minister Sungai Selangor near the Sungai from which the plant draws disposed of in accordance with ried out.”
Datuk Saifuddin Abdullah. Selangor Phase 2 (SSPII) water water to be treated. World Health Organisation and DOE conducted checks
He said welfare topped their complaints followed treatment plant in Bukit Badong Acting on complaints from health standards. at the site on April 3, 7 and 8,
by high campus food prices, transportation and inad- has confirmed that sludge from the public, the department There are four sludge lagoons after which the department
equate scholarship money. the plant had leaked into the conducted checks at the sludge at the treatment plant (C1, C2, told the company to maintain
Saifuddin said the students aired their grievances river. lagoons and instructed Puncak D1 and D2) located over 15ha. its lagoons, desludge the ponds
to him during the Knowing Youth Mindset (3M) pro- Selangor DOE director Che Niaga Sdn Bhd (PNSB), the Findings showed that three of and stop the flow of sludge into
gramme. Asmah Ibrahim confirmed operator of the plant, to stop the the four lagoons were full and monsoon drains.
The universities and colleges should solve the prob- receiving results of the analysis flow of sludge into the drains. not maintained properly while It was also told to clean up
lems while the government will render its assistance which affirmed the department’s The sludge is a by-product the fourth was 80% full. At the areas affected by the sludge
if needed, he told reporters after meeting Universiti earlier findings of sludge flow of the water treatment proc- time investigations were being without spillage into Sungai
Teknologi Malaysia students here yesterday. from the plant to the river. ess where chemicals are used carried out by the department in Selangor, and to revaluate the
Saifuddin said he had so far held dialogues with The findings will be for- to make the sediments in the early April, DOE was informed design of its “sludge drying bed”
about 3,000 students from eight public and private warded to the Attorney-Gen- water sink. This leaves a layer that the last time desludging of to ensure it is in accordance
universities, three polytechnics and two community eral’s Chambers for the next of sludge which is then chan- the ponds were done was in with standards and to prevent
colleges. course of action. nelled to “sludge lagoons” and 2007 and 2005. rain water from seeping in.
The students expressed their views on graduate On April 14, theSun reported thereafter to a 40ha drying bed Said Asmah: “Puncak Niaga The offence under the
unemployment, their welfare, campus politics, the that the DOE had found traces where the solids are allowed to has replied to our notice and Environmental Quality Act
country’s politics and the Higher Education Fund of effluents and sludge from the settle and the water extracted. they are taking action to rectify carries a RM100,000 fine or five
Corporation’s loan scheme repayment. – Bernama water treatment plant in Bukit The sludge is categorised the situation. Work is ongoing years’jail.

Teachers’ union wants caning

for girl students too
KUCHING: The Sarawak Teachers Union (STU) has
proposed a comprehensive review of caning in
schools to include caning for girl students.
Its president, William Ghani Bina, said it was
unfair that boy students be subjected to caning
while the girls only had to clean toilets and gather
litter for committing the same offences.
“Caning can help arrest the deteriorating
indiscipline among girl students as some of them
act like gangsters.
“However, the girls must only be caned on
the palm and not other parts of the body. Can-
ing must be applicable only for secondary, not
primary school students,” he told Bernama here
yesterday.
Ghani said caning girls was relevant as indis-
cipline and social problems caused by students
particularly “tomboys” have reached an alarming
level.
Deputy Education Minister Dr Mohd Puad Zar-
kashi said Saturday caning would be re-introduced
in schools to arrest indiscipline among students.
He was commenting on a case in Tongkang
Pechah, Batu Pahat recently when a student was
hurt in the knee after he was assaulted by 12
students in the classroom. -- Bernama
Crushed to death by tree
JERTIH: Tengku Asmayuzam Tuan Daud, 36, a single
mother, was crushed to death while sweeping outside
her house when a Kekabu tree (Ceiba pentandra) fell
on her house in Kampung Bukit Payong, Hulu Besut
near here Saturday.
presentation at City Hall but have
received no response from them
yet,” he added.
He, however, said the residents
are not considering legal action
to oppose the development of
the line, planned to run from the
Sri Petaling interchange through
Bandar Kinrara to USJ.
“We are not against the devel-
Taman
opment. We support it. It is just
Esplanad
that it is too close to our homes,
residents
as 61 homes will be affected,” said
protesting
Tan,
against the
ERA member Teoh Cern Yong,
proposed
31, an accountant, said the resi-
LRT line
dents are looking to negotiate for
a win-win situation for all parties
involved.
“We are not stopping the
development, so legal action is
not necessary at this point of
time, because it can be solved,”
he said.
“I think it is very unreasonable
‘Proposed LRT line too close to our homes’ to do this to our homes. It (the
line) is just 20 or 30 feet from our
by Tan Yi Liang “The tracks will be very close Tan, a businessman, told a houses.
newsdesk@thesundaily.com to our houses, only about 20 to 30 press conference called by the “We have health concerns,
feet away. We would like to see Esplanad Residents’ Association noise and vibration pollution
KUALA LUMPUR: About 50 the line moved across the river as (ERA) yesterday said that the pro- concerns, as well as safety.”
residents staged another protest there is a big piece of land there,” test was the third or fourth called Meanwhile, MCA Bandar Tun
against a proposed LRT line which said resident Simon Tan, 49. by residents since protests began Razak Youth Public Complaints
they said will be built less than 10 “We found out about this after a month ago. Bureau head Lawrence Ng said
metres from their homes in Taman the Draft KL City Plan 2020 (was “There has been no response it would help the residents bring
Esplanad, Bukit Jalil. released),” he said. to our protests. We even did a their case before DBKL.