Easier access to legal aid for low-income earners

Saturday February 26, 2011

By DHARMENDER SINGH

dharam@thestar.com.my

PUTRAJAYA: Malaysians earning less than RM25,000 a year can now get legal aid for their case including help in posting bail, thanks to the Government’s new National Legal Aid Foundation (YBGK).

Prime Minister Datuk Seri Najib Tun Razak launched the foundation aimed at providing legal aid for the low-income group right from the day they are charged with an offence until the trial stage.

The foundation, set-up under a joint initiative by the Government and the Bar Council, would provide assistance in criminal, civil and Syariah cases, except for those carrying the death sentence, he said.

“Legal aid will be provided, regardless of whether an accused can afford legal representation, during the arrest, remand and hearing for bail.

“Checks on whether a suspect can afford a lawyer or is eligible for legal aid will only be made during the trial,” Najib added.

The legal aid service which was currently provided by the Legal Aid Department (under the Prime Minister’s Department) and the Malaysian Bar Council’s Legal Aid Centre (LAC), was now complete with the setting up of the foundation, added Najib.

“The setting up of YBGK will ensure that those facing criminal proceedings will receive a fair and transparent trial,” he said during the launch of the foundation here yesterday.

The foundation will be led by a 12-member board of directors with Attorney-General Tan Sri Abdul Gani Patail as chairman and Malaysian Bar Council president Ragunath Kesavan as deputy chairman.

Najib said the need for the foundation was brought to his attention by Ragunath in January last year as 80% of those charged in courts for criminal cases were unrepresented because they could not afford the legal fees.

The Cabinet then agreed to provide a RM5mil initial grant for the foundation, which would operate as an independent entity in the form of a charitable company.

“I believe the foundation will meet the government’s desire to ensure justice to all Malaysians without exceptions to whether they are rich or poor, educated or not, or urban or rural dwellers,” he said.

Najib said the foundation could function effectively if it had the close cooperation of the police and other enforcement agencies as it was their responsibility to contact the foundation’s panel of lawyers.

The Prime Minister also called on law firms and members of the Bar Council to come forward and offer their services to the foundation at a minimal fee, as part of their corporate social responsibility.