'5 detained lawyers misled over statements'

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KUALA LUMPUR: The counsel representing five lawyers who were arrested and detained by police said they were cheated and misled by police witnesses relating to recorded statements.

M. Puravalen told a Human Rights Commission of Malay-sia (Suhakam) public inquiry yesterday they were shocked after being informed that the police witnesses refused to have their statements recorded before they testified at the inquiry.

He said this would result in an unfair hearing for his clients, adding that if the witnesses refused to have their statements recorded, they should have informed the inquiry in advance.

"In this case, the police witnesses had been ordered by the commissioners on Aug 14 to have their statements re-corded before they give their evidence. Today, they said they did not want to have their statements recorded."

He said that by doing this, the witnesses could fabricate evidence and change their stories when called to testify.

He said the recorded statements were important for the purpose of consistency throughout the proceedings.

The inquiry, which started on Aug 14, is chaired by Suhakam commissioner Da-tuk Muhammad Shafee Abdullah, and assisted by commissioners Datuk Dr Micheal Yeoh Onn Kheng and Datuk Dr Denison Jayasooria.

Those arrested were Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan.

They were arrested at 9.30pm on May 7 and released the next day.

Shafee adjourned the proceedings to Wenesday to enable parties to submit whether Suhakam had the power to compel witnesses to have their statements recorded.

He said under the Suhakam Act 1999, the panel of inquiry had the power to procure and receive evidence, written or oral, and to examine witnesses but not to compel them to record statements.

Yesterday's inquiry was to hear evidence from three of the five lawyers. Puspawati and Fadiah Nadwa had testified on Aug 15.

Shafee also drew the inquiry's attention to police witnesses - ACP Wan Abdul Bari Wan Abdul Khalid and DSP Judy Blacious Pereira - who said in their unsigned statements on Aug 14 that they would answer questions at the proceedings but would not allow their statements to be recorded.

Superintendent R. Munu-samy, who is holding a watching brief for the police, told the inquiry the panel should not take the refusal to give recorded statements to mean that they would fabricate evidence.