PUTRAJAYA - Five men who are facing charges for being members of an organised crime group can be represented by lawyer Charan Singh, a lawyer of their choice.
This follows a decision by the court of Appeal three-member bench led by Justice Datuk Vazeer Alam Mydin Meera today in allowing the appeals by the five men - V. Vigneswaran Naidu, D. Ganesan, P. Velmurugan, D. Enthiran and K. Ganesen - to reinstate Charan Singh as their lawyer.
The Ipoh High court Judicial Commissioner had disqualified Charan Singh as counsel to represent the men on grounds that the counsel could be a potential witness in the case.
Judicial commissioner Su Tiang Joo said Charan Singh would be in conflict of interest and in breach of Rule 28 of the Legal Profession (Practice and Etiquette) Rules 1978 which stated that a lawyer cannot appear in a case where he/she is a witness.
In the trial proceedings in the High court, Charan Singh challenged the testimony of arresting officer who said he had arrested one of the accused, D.Ganesan, in a restaurant.
The counsel disputed by saying that he was present in the restaurant with his friend and that it was another officer who arrested Ganesan. The five men were facing charges for being members of an organised crime group named ‘Viki Naidu Gang’ in Kinta, Perak, between the year 2014 and March 27, 2020.
They were charged under Section 130V(1) of the Penal Code which is punishable with imprisonment of not more than 20 years if convicted.
In the court's unanimous decision today, Justice Vazeer said the right to counsel is a fundamental right, though not absolute, and is subjected to the lawyer being able and willing to appear for his client.
He said the mere possibility of Charan Singh being called as a witness in the future could not bar Charan Singh from acting as counsel for the men at the present moment.
Justice Vazeer said based on the notes of proceedings and the judgment of the High court, the prosecution did not intend to call Charan Singh as a witness, adding that the High court's decision to disqualify Charan Singh as counsel for the five men was premature.
The practical approach for the High court to take is to allow another counsel to take over from Charan Singh when the lawyer (Charan Singh) is called as a witness and by virtue of the evidence given, the court can decide if he (Charan Singh) can continue to represent the men, the judge said.
Justice Vazeer who presided with Justices Datuk Supang Lian and Datuk Wira Ahmad Nasfy Yasin set aside the High court's decision and remitted the case back to the High court for the trial to continue.
Charan Singh who was present in today's proceeding told the media that the trial will resume on April 25. -BERNAMA