Posted on 12 October 2011 - 04:23am
>> Ali Dizaei is a commander in the London
Metropolitan Police and until recently was behind bars after being
convicted of corruption-related offences. He appealed and his conviction
was nullified and a re-trial ordered. Saying he is virtually penniless,
he is relying on the public purse to pay his legal costs for a new
trial. He had to pay just £750 (RM3,705) of the £64,500 (RM318,630)
prosecution costs in his first trial last year after he pleaded poverty,
despite then owning three homes worth a total of £1 million (RM4.94
million). It is going to cost British taxpayers a six-figure sum.>> The trial of former Pakistan cricket captain Salman Butt, 26, and fast bowler Mohammad Asif, 28, began in London last week. The pair denies charges of conspiracy to cheat and accept corrupt payments over a Test match at Lord’s. But the court heard how undercover reporter Mazher Mahmood for the now-defunct News of the World persuaded an agent to get Salman to get two players to bowl three no-balls at a pre-arranged point in the game between England and Pakistan. Asif is represented by one of the country’s top barristers – Alex Milne QC – but the Pakistani does not have to pay a penny. His defence, expected to run into six-figures, is yet again funded by taxpayers.
>> Mark Andre Suckrajh, a Jamaican national, entered the UK intending to transit from Heathrow to Gatwick airports en route to China. He held a valid 30-day business visa for entry into China. He was prevented from transiting and detained by Border Agency officers. When it became clear they intended to remove him to Jamaica, Suckrajh claimed asylum on the basis he is a homosexual. By way of judicial review, he successfully obtained a declaration that he was unlawfully detained for 46 days and sought damages for false imprisonment and breach of the Human Rights Convention. The fees of Michael Fordham QC and Gordon Lee were picked up by British taxpayers.
FROM family disputes to fraud and from divorces to child custody battles, Britons are not only funding their fellow citizens, but also aliens, some of whom have entered the country illegally. It costs British taxpayers a whopping £2.1 billion (RM10.4 billion) annually to fund individuals in their “quest for justice” and the government is revamping the Legal Aid system to ensure that only those “qualified” are entitled to state-funded legal representation. There has been vociferous opposition to these measures. From the lawyers to the charities and medical groups, the changes are being opposed for a variety of reasons.
It is ironic that the men accused of assaulting and robbing a Malaysian student during the riots in London in August are also represented by lawyers whose fees come from taxpayers. Legal aid also covers the expenses of more than half of the people accused of assault, theft and arson during the disturbances.
Therefore, the announcement of free legal representation for Malaysians accused of criminal offences whose household annual income is below RM25,000 must be treated with the utmost caution. Should taxpayers defend a driving tester who collects bribes to pass incompetent applicants? Should we fund an unemployed charged with statutory rape?
The stand of the government in wanting to see justice must be commended and it is not in the least suggested that accused persons be denied legal representation. However, the issue is the criteria that will be used to grant such assistance. If, for example, such aid is provided to a politician who faces graft charges, it would certainly send the wrong message. A similar message would be conveyed if employees of the state like policemen and members of other law enforcement agencies are accorded such privileges, so to speak.
The government has declared war against corruption and if those accused of it are given help in the form of legal representation, will this not be indirect abetment? Hopefully, answers to these questions will not only be forthcoming from the authorities but also organisations associated with the matter like the Bar Council.
R. Nadeswaran is all for taxpayer-funded legal assistance but is concerned that it may communicate wrong messages to hard-core crooks. He is theSun’s UK correspondent based in London and can be reached at: citizen-nades@thesundaily.com
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