THE lack of understanding by Malaysian authorities about the role of Lawyers for Liberty (LFL), coupled with judicial intimidation across the Causeway, are very challenging issues, according to new LFL director Zaid Malek.

Furthermore, Zaid told The Malaysian Insight, human rights issues – which LFL has been championing since its inception in 2011 – are still taking place today.

“New director, same old issues,” Zaid said.

“I find that the authorities have a lack of understanding of necessary key issues that makes our job a lot harder.

“For example, when dealing with issues of statelessness, they have refused to give out certain forms and have even made legal justifications that are inherently wrong.

“Outside of that, there may be a narrow group of people who are discontent with the work that I do, but that is nothing of concern.

“I and other activists’ are merely trying to uphold the rule of law and the Constitution, and our work serves as an important check on the use of power by authorities.”

Zaid was appointed new LFL director last month, having always had a passion for advocacy work.

Zaid graduated from Universiti Teknologi Mara, Shah Alam, and joined Daim & Gamany in 2018.

This is also where he became acquainted with previous LFL directors Lateefah Koya, N. Surendran and Eric Paulsen.

He said LFL has always been vocal on issues of police abuse, human rights infringement, the use of the law to curtail an individual’s rights, as well as statelessness, which have not gone away, Zaid said.

The crowning achievement of LFL was to highlight death in custody cases to the public, which were regularly swept under the rug previously, he said.

“Before LFL, there was not a lot of light shed on this issue. Through the work of my predecessors, we have successfully made death in custody a public issue.

“People will know about it and it extends to other work that we do. We make sure that cases are not swept under the rug.

“It will be highlighted by the media to show that the government cannot do this in the shadows.”

Zaid represented the families of Dharmendran Narayanasamy, who died in Dang Wangi police station, S. Balamurugan who died in Bandar Baru Klang police station and the youths killed by police in Glenmarie.

Singapore clampdown

While authorities at home have been less than enthusiastic about LFL’s work, in Singapore, the judiciary has clampdown on lawyers helping clemency appeals for Malaysian death row inmates.

“Singapore is clamping down on them (lawyers representing death row inmates) and the judiciary is issuing fines. They (inmates and families) have to make self-representations now, as Nagaenthran’s mother had to recently.

Nageanthran Dharmalingam was executed on April 27 after the court dismissed a legal challenge filed by his mother in a last-ditch attempt to set aside her son’s conviction and death sentence.

In May, a Singapore court fined human rights lawyers M. Ravi and Violet Netto S$20,000 (RM63,000) for their roles in representing Nagaenthran.

“The imposition of fine and disciplinary action mutes the role of lawyers. We are officers of the court and we give the public access to justice.”

LFL has a long history of helping Malaysian death-row inmates in Singapore. Zaid said it provides them with necessary legal advice, ensuring they are tried fairly and that their clemency hearings are heard properly.

Usually this is done with the assistance of Singaporean lawyers, Zaid said, but it is no longer possible because local lawyers fear repercussions from the judiciary.

Zaid, who recently received warning by the Singaporean authorities for contempt of court, said this is an intimidation tactic by the republic.

“It is a matter of intimidation and a showcase by the Singapore government on how far they are willing to go to bar inmates from getting legal representation.”

Singapore authorities served a 24-month conditional warning to Zaid and LFL in lieu of prosecution for the offence of contempt of court under Section 3(1)(a) of the Administration of Justice (Protection) Act 2016 on July 6, 2022.

“I don’t think I will go back (to Singapore) and it is because of the nature of the warning. The warning, it is a way to stop me to go in and it’s effective.

“The warning says that I must stop myself from breaking the law or they can charge me for any offences they deem fit.

“They know that and they know we won’t stop giving representation to death row inmates in Singapore.”

Zaid also said it was strange that the Malaysian Bar and the government had not commented on the warning he received, especially given that the comment for which he was held in contempt was made in Malaysia to a local publication.

“The Bar and the government should step in. Singapore cannot act on what we do on our shores.

“The question is whether they are encroaching on Malaysia’s sovereignty. I’m a Malaysian exercising my right to freedom of speech in Malaysia,” he added. – July 13, 2022.